(HC) Springfield v. Burton ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CIRON B. SPRINGFIELD, No. 2:22-cv-0568 AC P 12 Plaintiff, 13 v. ORDER 14 ROBERT BURTON, 15 Defendant. 16 17 Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has filed an in forma pauperis affidavit in which he states that as of May 19 20, 2022, he had $3,205.07 in his prison trust fund account. ECF No. 5 at 4. 20 In order to commence an action, plaintiff must either pay both the $350.00 filing fee and 21 the $52.00 administrative fee for a civil action or file an application requesting leave to proceed in 22 forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the 23 commencement of an action “without prepayment of fees and costs or security therefor, by a 24 person who submits an affidavit . . . that [he] is unable to pay such fee or give security therefor.” 25 28 U.S.C. § 1915(a). The amount in plaintiff’s prison trust fund account shows that plaintiff is 26 27 1 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the $350.00 filing fee but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are 28 not required to pay the $52.00 administrative fee. 1 | able to pay the filing fee and costs. Thus, plaintiff has made an inadequate showing of indigency. 2 || See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); Alexander v. Carson Adult High Sch., 3 | 9 F.3d 1448, 1449 (9th Cir. 1993). Plaintiff will therefore be granted twenty-one days in which to 4 || submit the appropriate filing fee to the Clerk of Court. Plaintiff is cautioned that failure to pay 5 || the fee will result in a recommendation that the application to proceed in forma pauperis be 6 || denied and the instant action be dismissed without prejudice. 7 Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of 8 | this order, plaintiff shall submit the appropriate filing fee. 9 || DATED: June 14, 2022 ~ 10 ththienr—Chnp—e_ ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28