(PC) Barrett v. Cate et al, No. 1:2009cv01741 - Document 8 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS, Recommending That Plaintiff's 7 Motion to Proceed In Forma Pauperis be DENIED; Objections, if any, due in 30 Days, signed by Magistrate Judge Gary S. Austin on 10/30/2009. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 12/2/2009. (Bradley, A)
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(PC) Barrett v. Cate et al Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT E. BARRETT, 12 1:09-cv-01741-LJO-GSA-PC Plaintiff, 13 v. 14 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED (Doc. 7.) M. CATE, et al., 15 Defendants. OBJECTIONS, IF ANY, DUE IN 30 DAYS / 16 17 Plaintiff Robert E. Barrett (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983, filed on October 5, 2009. (Doc. 1.) On October 28, 2009, 19 Plaintiff filed a motion to proceed in forma pauperis and a copy of his prison trust account statement 20 pursuant to 28 U.S.C. § 1915. (Doc. 7.) 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 $694.13 on October 2, 2009, and according to prison records, the average balance in the account 24 for the most recent 6-month period was $456.43. (Doc. 7 at 3, 5.) The filing fee for this action is 25 $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: 6i0kij October 30, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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