(PC) Sanchez v. Wollet

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA

11 MATTHEW J. SANCHEZ, Case No. 1:24-cv-0649 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S MOTION TO PROCEED IN MARY ANN WOLLET, et al., FORMA PAUPERIS, AND DIRECTING PLAINTIFF TO PAY THE FILING FEE IN FULL 15 Defendants. WITHIN 30 DAYS 16 (Docs. 4, 9) 17 Matthew Sanchez seeks to proceed in forma pauperis in this action, in which he seeks to hold the defendant liable for violating his civil rights while incarcerated at the Bob Wiley Detention Facility.

19 (See Doc. 1, 4.) The magistrate judge found Plaintiff’s allegation of poverty is untrue. (Doc. 9 at 3.) The magistrate judge observed that “Plaintiff received routine deposits” into his trust account and “had a balance of $221.51 when he submitted his IFP application claiming he has zero cash and zero assets.”

22 (Id. at 3-4.) The magistrate judge noted that in response to the Court’s Order to Show Cause, “Plaintiff admits his statements were untrue and that he knew they were untrue at the time they were made.” (Id. at 3.) The magistrate judge observed, “Plaintiff is intentionally deceiving prison authorities in order to allow other inmates to avoid prison rules regarding their spending,” because he allowed other inmates to put money on his account “to beat the system,” when others were not permitted to make purchases on their own accounts. (Id.) The magistrate judge also found Plaintiff acted in bad faith, because he diverted funds prior to filing this action and seeking to proceed in forma pauperis. (Id.) The magistrate 1 noted it was “within the Court’s discretion to dismiss this case with prejudice” based upon the || finding that Plaintiff acted in bad faith but indicated “the Court will stop short of recommending the || harshest sanction in this case.” (Ud. at 4.) Therefore, the magistrate judge recommended “Plaintiff be || required to pay the filing fee in full should he wish to proceed with this case.” (/d.)

5 The Court served the Findings and Recommendations on Plaintiff and notified him that any || objections were due within 30 days. (Doc. 9 at 5.) The Court advised Plaintiff the “failure to file || objections within the specified time may result in the waiver of rights on appeal.” (Ud. at 5, citing || Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the || time to do so has passed.

10 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Having || carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are || supported by the record and proper analysis. Thus, the Court ORDERS: 13 1. The Findings and Recommendations issued on September 20, 2024 (Doc. 9) are 14 ADOPTED in full.

15 2. Plaintiffs application to proceed in forma pauperis (Doc. 4) is DENIED.

16 3. Plaintiff SHALL pay in full the $405.00 filing fee within 30 days of the date of service of 17 this order.

18 Plaintiff is advised that failure to pay the required filing fee as ordered will result in the 19 dismissal of this action without prejudice.

IT IS SO ORDERED.

22 || Dated: _ October 27, 2024 Cerin | Tower 54 TED STATES DISTRICT JUDGE