Garcia v. Satterberg ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 JOAQUIN D. GARCIA, CASE NO. 2:22-cv-00427-TL-JRC 8 Petitioner, ORDER ADOPTING REPORT 9 v. AND RECOMMENDATION 10 DANIEL SATTERBERG, 11 Respondent. 12 13 The Court has reviewed the report and recommendation of Magistrate Judge J. Richard 14 Creatura (the “R&R”) (Dkt. No. 10) and the relevant record on Petitioner Joaquin D. Garcia’s 15 motion to proceed in forma pauperis (Dkt. No. 1). No objections have been filed to the R&R. 16 Mr. Garcia is an incarcerated individual who appears to have the funds necessary to pay the $5 17 filing fee for this case (Dkt. No. 1, at 2, 3), meaning that in forma pauperis status is not 18 appropriate at this time. See, e.g., Carter v. Calif. Corr. Inst., No. 21-16631, 2022 WL 71638, at 19 *1 (9th Cir. Jan. 3, 2022) (“Pursuant to 28 U.S.C. § 1915(b)(1) and (2), incarcerated appellants 20 proceeding in forma pauperis must pay the full amount of the filing and docketing fees when 21 funds are available in appellant's account.”). 22 Accordingly, the Court hereby ORDERS: 23 (1) The Court ADOPTS the report and recommendation. Petitioner’s in forma pauperis motion (Dkt. No. 1) is DENIED. 24 1 (2) If Petitioner does not pay the $5 filing fee in this matter within thirty (30) days of 2 this Order, this matter will be dismissed without prejudice for failure to pay the filing fee. No certificate of appealability will issue. 3 (3) The Clerk is DIRECTED to send a copy of this Order to Petitioner and Judge 4 Creatura. 5 Dated this 27th day of June 2022. 6 A 7 Tana Lin United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24