(PC) Blaine v. Ducan, et al, No. 2:2010cv00103 - Document 5 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 2/2/10 RECOMMENDING that 2 MOTION to PROCEED IN FORMA PAUPERIS be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(PC) Blaine v. Ducan, et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VANCE BLAINE, 12 Plaintiff, 13 14 No. CIV S-10-0103-MCE-CMK-P vs. FINDINGS AND RECOMMENDATIONS DUCAN, et al., 15 Defendants. 16 / 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. Pending before the court is plaintiff’s request for leave to proceed in forma 19 pauperis (Doc. 2). Plaintiff’s declaration fails to make the showing required by 28 U.S.C. 20 § 1915(a). Specifically, plaintiff’s in forma pauperis application reflects an average monthly 21 balance over the past six months of $40,664.47. The court, therefore, is unable to find that 22 plaintiff is indigent and cannot pre-pay the $350.00 filing fee for this action. 23 /// 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 2 Based on the foregoing, the undersigned recommends that plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) be denied. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 20 days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge's 7 Findings and Recommendations.” Failure to file objections within the specified time may waive 8 the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 11 12 DATED: February 2, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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