(PC) Wilson v. Manning

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA TREVELL BUCEAN WILSON, No. 2:21-cv-1801 DAD AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS TODD MANNING, et al., 15 Defendants.

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 he has $1,100 at his disposal. ECF No. 2. A prisoner trust fund account statement also reflects that plaintiff has maintained an account balance ranging between $1,041 and $1,751 in the four months preceding the initiation of this action.

22 In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay both the $350.00 filing fee and the $52.00 administrative fee for a civil action, or file an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the 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 not required to pay the $52.00 administrative fee.

1 | 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 | US.C. § 1915(a). Plaintiff has made an inadequate showing of indigency in the affidavit before || the court.

5 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's application to proceed in || forma pauperis (ECF No. 2) be DENIED and plaintiff be directed to submit the appropriate filing || fee to the Clerk of the Court.

8 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 twenty-one 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 Judges Findings || and Recommendations.” Plaintiff is 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).

15 | DATED: January 12, 2023 ~ 16 AMhan—Chne ALLISON CLAIRE 17 UNITED STATES MAGISTRATE JUDGE