(PC) Rogers v. Nevada County Jail

8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA MAURICE DI AUNDRA ROGERS, No. 2:23-CV-2460-TLN-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS NEVADA COUNTY JAIL, 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. 2. Plaintiff has not submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). In his application, Plaintiff states that he has received money from “other sources” in the past 12 months, and Plaintiff identifies this source as a “lawsuit settlement.” ECF No. 2, pgs. 1-2. Plaintiff’s inmate trust account statement indicates Plaintiff had a balance of $15,011.53 in his trust account as of November 1, 2023. See ECF No. 6. The Court finds that this amount is sufficient for Plaintiff to afford both the initial filing fee of $405.00 and further litigation of this matter.

26 / / / / / / / / / ] Based on the foregoing, the undersigned recommends that Plaintiffs motion for || leave to proceed in forma pauperis, ECF No. 2, be DENIED and that Plaintiff be required to pay | the $405.00 filing fees in full.

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)(1). 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. || Ylst, 951 F.2d 1153 (9th Cir. 1991).

11 | Dated: December 5, 2023 Ss..c0_, DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE