(PC) Galloway v. Pfieffer et al, No. 1:2022cv00737 - Document 6 (E.D. Cal. 2022)
Court Description: ORDER for Clerk to randomly assign a U. S. District Judge to this case and FINDINGS and RECOMMENDATIONS recommending that Plaintiff's Motion for IFP be denied 2 signed by Magistrate Judge Gary S. Austin on 6/21/2022. Referred to Judge Anthony W. Ishii; Objections to F&R due within 14-Days. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TERRY DONELL GALLOWAY, 12 Plaintiff, 13 ORDER FOR CLERK TO RANDOMLY ASSIGN A UNITED STATES DISTRICT JUDGE TO THIS CASE vs. 14 15 1:22-cv-00737-GSA-PC AND PFIEFFER, et al., Defendants. 16 17 18 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED (ECF No. 2.) OBJECTIONS, IF ANY, DUE IN 14 DAYS 19 20 21 I. FINDINGS 22 Terry Donell Galloway (“Plaintiff”) is a state prisoner proceeding pro se with this civil 23 rights action pursuant to 42 U.S.C. § 1983. On June 16, 2022, Plaintiff filed the Complaint 24 commencing this action, together with a motion to proceed in forma pauperis pursuant to 28 25 U.S.C. § 1915. (ECF Nos. 1, 2.) 26 In his motion to proceed in forma pauperis, Plaintiff provides evidence that on May 25, 27 2022, the balance in his prisoner trust account was $1,765.19, and during the past six months his 28 average monthly balance was $1,965.53. (ECF No. 2 at 2.) 1 1 Under these facts, the court finds that Plaintiff can afford the $402.00 filing fee. 2 Therefore, Plaintiff’s motion to proceed in forma pauperis should be denied and Plaintiff be 3 required to pay the statutory filing fee of $402.00 for this action in full. 4 II. RECOMMENDATIONS AND CONCLUSION 5 Based on the foregoing, IT IS HEREBY RECOMMENDED that: 6 1. 7 8 Plaintiff's motion to proceed in forma pauperis, filed on June 16, 2022, be DENIED; and 2. 9 Plaintiff be required to pay the $402.00 filing fee for this action in full within 30 days. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 12 (14) days after the date of service of these findings and recommendations, Plaintiff may file 13 written objections with the court. 14 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 15 objections within the specified time may waive the right to appeal the District Court’s order. 16 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Such a document should be captioned “Objections to 17 18 19 20 IT IS SO ORDERED. Dated: June 21, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2
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