-DLB (PC) Zelig v. Igbinosa, M.D. et al, No. 1:2011cv01515 - Document 7 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis L. Beck on 9/21/2011 recommending that 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Harry Zelig be DENIED. Referred to Judge Lawrence J. O'Neill; Objections to F&R due within 14 days. (Lundstrom, T)

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-DLB (PC) Zelig v. Igbinosa, M.D. et al Doc. 7 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 HARRY ZELIG, 9 10 11 CASE NO. 1:11-CV-01515-LJO-DLB PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED v. FELIX IGBINOSA, et al., 12 (DOC. 2) Defendants. 13 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS / 14 15 Plaintiff Harry Zelig (“Plaintiff”) is a California state prisoner proceeding pro se in a civil 16 rights action pursuant to 42 U.S.C. § 1983. On September 8, 2011, Plaintiff filed a motion to 17 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Doc. 2. 18 A prisoner seeking to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 must 19 submit an affidavit and a certified copy of his prison trust account statement for the six month 20 period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a). The Court is 21 authorized to grant the commencement of suit without prepayment of fees by a person who 22 submits an affidavit and statement of assets that demonstrate the person is unable to pay the 23 filing fee. Id. 24 Plaintiff filed an application to proceed in forma pauperis and provided a certified copy of 25 his trust account statement for the six month period immediately preceding the filing of the 26 complaint. Plaintiff’s average monthly balance is $1512.49 and the average of Plaintiff’s 27 monthly deposits is $183.33. In addition, Plaintiff’s application indicates that he currently has 28 $771.59 in available balance. The Court therefore finds that Plaintiff has sufficient funds to pay 1 Dockets.Justia.com 1 the filing fee in full and is ineligible to proceed in forma pauperis. 2 Accordingly, the Court HEREBY RECOMMENDS that 3 1) 4 5 Plaintiff’s motion to proceed in forma pauperis, filed September 9, 2011, be DENIED; and 2) Plaintiff be ordered to submit the $350.00 filing fee in full to the Court within 6 twenty (20) days from the date of service of the order resolving these Findings 7 and Recommendations. 8 These Findings and Recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 10 days after being served with these Findings and Recommendations, Plaintiff may file written 11 objections with the Court. Such a document should be captioned “Objections to Magistrate 12 Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections within 13 the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 14 F.2d 1153, 1156-57 (9th Cir. 1991). 15 16 IT IS SO ORDERED. Dated: 3b142a September 21, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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