(PC) Owens v. Banuelos

8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA THEON OWENS, No. 2:19-CV-1683-MCE-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS D. BANUELOS, et al., 15 Defendants.

17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 7).

20 Plaintiff has not made the showing required by 28 U.S.C. § 1915(a). Specifically, plaintiff’s prison trust account statement indicates he currently has $2,300.66 on account. See ECF No. 6. Therefore, plaintiff’s declaration fails to demonstrate that he is unable to pay the filing fees.

24 / / / / / / / / / / / / / / / 1 Based on the foregoing, the undersigned recommends that plaintiff's motion for | leave to proceed in forma pauperis (ECF No. 7) be denied and that plaintiff be required to pay the | filing fees in full before this action may proceed.

4 These findings and recommendations are submitted to the United States District | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days | after being served with these findings and recommendations, any party may file written objections | with the court. Responses to objections shall be filed within 14 days after service of objections.

8 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. | Yist, 951 F.2d 1153 (9th Cir. 1991).

11 Dated: October 30, 2019 Ssvcqo_ 2 DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE