1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT SMYTH, Case No. 1:25-cv-01285-BAM (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE TO 13 v. ACTION

14 YEON LEE, M.D., FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF’S MOTION FOR LEAVE 15 Defendant. TO PROCEED IN FORMA PAUPERIS BE DENIED 16 (ECF No. 2) 17 FOURTEEN (14) DAY DEADLINE 18 19 Plaintiff Robert Smyth (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 20 action pursuant to

. 21 Plaintiff initiated this action on September 29, 2025. (ECF No. 1.) Plaintiff also filed a 22 motion to proceed in forma pauperis pursuant to

, which included a certified 23 copy of his prison trust account statement. (ECF No. 2.) 24 Examination of Plaintiff’s trust account statement reveals that Plaintiff is able to afford the 25 costs of this action. Specifically, Plaintiff’s current available balance in his inmate trust account 26 is $35,898.52. (ECF No. 2.) In addition, Plaintiff repeatedly states in his application to proceed 27 in forma pauperis that he will pay the filing the fee. (Id. at pp. 1-3.) 28 Accordingly, the Court HEREBY ORDERS the Clerk of the Court to randomly assign 1 District Judge to this action. 2 Further, it is HEREBY RECOMMENDED that: 3 1. The motion to proceed in forma pauperis, (ECF No. 2), be DENIED; and 4 2. Plaintiff be ORDERED to pay the $405.00 initial filing fee in full to proceed with this 5 action. 6 These Findings and Recommendations will be submitted to the United States District 7 Judge assigned to the case, pursuant to the provisions of Title

(b)(l). Within 8 fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may 9 file written objections with the court. The document should be captioned “Objections to 10 Magistrate Judge’s Findings and Recommendations.” Objections, if any, shall not exceed 11 fifteen (15) pages or include exhibits. Exhibits may be referenced by CM/ECF document 12 and page number if already in the record before the Court. Any pages filed in excess of the 13 15-page limit may not be considered. Plaintiff is advised that failure to file objections within 14 the specified time may result in the waiver of the “right to challenge the magistrate’s factual 15 findings” on appeal. Wilkerson v. Wheeler,

, 838–39 (9th Cir. 2014) (citing Baxter 16 v. Sullivan,

(9th Cir. 1991)). 17 IT IS SO ORDERED. 18

19 Dated: September 30, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20

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