(PC) Martines v. Torres-Rocha

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA ENRIQUE MARTINES, Case No. 1:24-cv-01563-BAM (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE TO 13 v. ACTION TORRES-ROCHA, et al., FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF’S MOTION FOR LEAVE 15 Defendants. TO PROCEED IN FORMA PAUPERIS BE DENIED (ECF No. 2) FOURTEEN (14) DAY DEADLINE 19 Plaintiff Enrique Martines (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.

21 Plaintiff initiated this action on December 19, 2024, together with a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) On December 20, 2024, Plaintiff filed a certified copy of his prison trust account statement. (ECF No. 6.)

24 Examination of Plaintiff’s trust account statement reveals that Plaintiff is able to afford the costs of this action. Specifically, Plaintiff’s current available balance in his inmate trust account is $1,254.51. (ECF No. 6.) In addition, although Plaintiff’s motion to proceed in forma pauperis does not identify any sources of income over the last twelve months, Plaintiff’s trust account statement shows deposits of $200.00 made on July 31, 2024, September 3, 2024, November 5, 2024, and December 20, 2024. (Id.) 2 Accordingly, the Court HEREBY ORDERS the Clerk of the Court to randomly assign a District Judge to this action.

4 Further, it is HEREBY RECOMMENDED that: 5 1. The motion to proceed in forma pauperis, (ECF No. 2), be DENIED; and 6 2. Plaintiff be ORDERED to pay the $405.00 initial filing fee in full to proceed with this 7 action.

8 These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Objections, if any, shall not exceed fifteen (15) pages or include exhibits. Exhibits may be referenced by CM/ECF document and page number if already in the record before the Court. Any pages filed in excess of the 15-page limit may not be considered. The parties are advised that failure to file objections within the specified time may result in the waiver of the “right to challenge the magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

IT IS SO ORDERED.

21 Dated: December 23, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE