(PC)Clemente v. Martin

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MARCELINO CLEMENTE, No. 2:21-cv-1501 AC P

Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. MARTIN,

Defendant.

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 he has $7,781.00 in cash, ECF No. 2 at 2, and his inmate trust account statement reflects that he has a balance of $9,083.51, ECF No. 5.

The court may authorize the commencement of an action “without prepayment of fees or security therefor” by an individual who submits an affidavit evidencing an inability to pay such fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff has made an inadequate showing of indigency in the application before the court. It will therefore be recommended that the application to proceed in forma pauperis be denied and that plaintiff be required to pay the $402.00 before this action can proceed.

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a United States District Judge to this action.

IT IS FURTHER RECOMMENDED that:

1. Plaintiffs application to proceed in forma pauperis, ECF No. 2, be DENIED.

2. Plaintiff be required to pay the $402.00 in required filing fees within thirty days or face dismissal of this case.

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)(1). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff □□ advised that failure to file objections within the specified time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

DATED: August 31, 2021 ~ UNITED STATES MAGISTRATE JUDGE