(PC) Young v. Clark et al, No. 1:2022cv01219 - Document 10 (E.D. Cal. 2022)

Court Description: FINDINGS and RECOMMENDATIONS that Plaintiff's Motion for Leave to Proceed In Forma Pauperis be Denied; ORDER Directing Clerk of Court to Randomly Assign District Judge to Action, signed by Magistrate Judge Barbara A. McAuliffe on 09/28/2022. Referred to Judge Thurston. Objections to F&R due within Fourteen-days. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TYRONE POWELL YOUNG, 12 13 14 15 Plaintiff, v. CLARK, et al., Defendants. 16 21 FINDINGS AND RECOMMENDATION THAT PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BE DENIED FOURTEEN (14) DAY DEADLINE 18 20 ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE TO ACTION (ECF No. 2) 17 19 Case No. 1:22-cv-01219-BAM (PC) Plaintiff Tyrone Powell Young (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on September 19, 2022, together with a motion to proceed in 22 forma pauperis pursuant to 28 U.S.C. § 1915, in the Sacramento Division of the United States 23 District Court for the Eastern District of California. (ECF Nos. 1, 2.) This action was transferred 24 to the Fresno Division on September 26, 2022. (ECF No. 4.) On September 28, 2022, Plaintiff 25 filed a certified copy of his prison trust account statement. (ECF No. 8.) 26 Examination of Plaintiff’s trust account statement reveals that Plaintiff is able to afford the 27 costs of this action. Specifically, Plaintiff’s current available balance in his inmate trust account 28 is $1,455.11. (ECF No. 8, p. 1.) 1 1 2 Accordingly, the Court HEREBY ORDERS the Clerk of the Court to randomly assign a District Judge to this action. 3 Further, it is HEREBY RECOMMENDED that: 4 1. The motion to proceed in forma pauperis, (ECF No. 2), be DENIED; and 5 2. Plaintiff be ORDERED to pay the $402.00 initial filing fee in full to proceed with this 6 action. 7 These Findings and Recommendations will be submitted to the United States District 8 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 9 fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may 10 file written objections with the court. The document should be captioned “Objections to 11 Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that the failure to file 12 objections within the specified time may result in the waiver of the “right to challenge the 13 magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) 14 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Barbara September 28, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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