(PC)Scott v. Palmer et al, No. 1:2009cv01329 - Document 5 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS recommending that Plaintiff's 2 Motion to Proceed In Forma Pauperis be Denied; Objections, if any, Due in 30 Days signed by Magistrate Judge Sandra M. Snyder on 8/10/2009. Referred to Judge Anthony W. Ishii. Objections to F&R due by 9/14/2009. (Sant Agata, S)
Download PDF
<![CDATA[
(PC)Scott v. Palmer et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD SCOTT, 12 13 14 1:09-cv-01329-AWI-SMS-PC Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED (Doc. 2.) v. J. PALMER, et al., 15 Defendants. OBJECTIONS, IF ANY, DUE IN 30 DAYS / 16 17 Plaintiff Floyd Scott (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983, filed on July 29, 2009. (Doc. 1.) On July 29, 2009, Plaintiff 19 filed a motion to proceed in forma pauperis and a copy of his prison trust account statement pursuant 20 to 28 U.S.C. § 1915. (Doc. 2.) 21 Examination of plaintiff's application to proceed in forma pauperis reveals that plaintiff is 22 able to afford the costs of this action. Specifically, plaintiff's account statement reflects a balance 23 of $1,714.06 on July 20, 2009, and according to prison records, the average balance in the account 24 for the most recent 6-month period was $1,655.38. (Doc. 2 at 2, 3, 4.). The filing fee for this action 25 is $350.00. 26 Accordingly, it is HEREBY RECOMMENDED that: 27 1. Plaintiff’s motion to proceed in forma pauperis be denied; and 28 2. Plaintiff be ordered to pay the $350.00 filing fee in full. 1 Dockets.Justia.com 1 These Findings and Recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 3 days after being served with these Findings and Recommendations, the parties may file written 4 objections with the court. The document should be captioned "Objections to Magistrate Judge's 5 Findings and Recommendations." The parties are advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 7 1153 (9th Cir. 1991). 8 9 10 IT IS SO ORDERED. Dated: icido3 August 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
