(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 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 ROBERT BURTON, WARDEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 28 18 U.S.C. § 2254 and filed a motion to proceed in forma pauperis (ECF No. 5). The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. On June 15, 2022, the undersigned reviewed petitioner’s trust fund account statement and 21 found that petitioner was able to pay the filing fee. See ECF No. 7. As a result, petitioner was 22 directed to pay the $5.00 fee or face a recommendation that his motion to proceed in forma 23 pauperis be denied and the action dismissed without prejudice. Id. Petitioner has not paid the 24 filing fee, nor responded to the court’s order in any way, within the time provided. 25 Petitioner’s in forma pauperis affidavit reports a trust account balance of $3,205.07. See 26 ECF No. 5 at 4. This does not establish that plaintiff is unable to pay the $5.00 filing fee required 27 by 28 U.S.C. § 1914(a) to commence a habeas corpus action in federal district court. See 28 28 U.S.C. § 1915(a) (in forma pauperis standard). Accordingly, petitioner has made an inadequate 1 || showing of indigency. See Alexander v. Carson Adult High School, 9 F.3d 1448 (9th Cir. 1993). 2 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 3 || District Judge to this action. 4 IT IS FURTHER RECOMMENDED that 5 1. Petitioner’s motion to proceed in forma pauperis (ECF No. 5) be DENIED; and 6 2. This action be DISMISSED without prejudice for failure to pay the filing fee. See 28 7 U.S.C. § 1914(a). 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, petitioner may file written 11 || objections with the court. Such a document should be captioned “Objections to Magistrate 12 || Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 13 || within the specified time may waive the right to appeal the District Court’s order. Martinez v. 14 Yist, 951 F.2d 1153 (9th Cir. 1991). 15 | DATED: July 12, 2022 Af 16 ALLISON CLAIRE 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28