(PC) Liebl v. Jester et al, No. 1:2023cv01131 - Document 9 (E.D. Cal. 2023)
Court Description: ORDER for Clerk to Randomly Assign a United States District Judge to this Case; FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's 2 Motion to Proceed In Forma Pauperis be Denied and Plaintiff be Required to Pay the $402.00 Filing Fee in Full signed by Magistrate Judge Gary S. Austin on 8/2/2023. Referred to Judge Ana de Alba. Objections to F&R due by 8/21/2023. (Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE HANS LIEBL, 12 Plaintiff, 13 14 vs. 15 JESTER, et al., 1:23-cv-01131-GSA-PC ORDER FOR CLERK TO RANDOMLY ASSIGN A UNITED STATES DISTRICT JUDGE TO THIS CASE AND 18 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED AND PLAINTIFF BE REQUIRED TO PAY THE $402.00 FILING FEE IN FULL 19 (ECF No. 2.) 20 OBJECTIONS, IF ANY, DUE BY AUGUST 21, 2023 Defendants. 16 17 21 22 23 I. FINDINGS 24 Jesse Hans Liebl (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 25 action pursuant to 42 U.S.C. § 1983. On July 21, 2023, Plaintiff filed the Complaint commencing 26 this action, together with a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 27 (ECF Nos. 1, 2.) On August 2, 2023, the Court received and filed a certified copy of Plaintiff’s 28 prison trust account statement. (ECF No. 7.) 1 1 Plaintiff’s prison trust account statement shows that on July 19, 2023, Plaintiff had a 2 balance of $2,533.84 in the account. (ECF No. 7 at 1.) Based on these facts the Court finds that 3 Plaintiff should be ordered to pay the $402.00 filing fee for this action. Therefore, Plaintiff’s 4 motion to proceed in forma pauperis should be denied, and Plaintiff should be required to pay 5 the statutory filing fee of $402.00 for this action in full within 30 days. 6 II. 7 8 9 ORDER, RECOMMENDATIONS, AND CONCLUSION Accordingly, IT IS HEREBY ORDERED that the Clerk shall randomly assign a United States District Judge to this case; AND 10 Based on the foregoing, IT IS HEREBY RECOMMENDED that: 11 1. 12 13 Plaintiff’s motion to proceed in forma pauperis, filed on July 21, 2023, be DENIED; and 2. 14 Plaintiff be required to pay the $402.00 filing fee for this action in full within 30 days. 15 These findings and recommendations are submitted to the United States District Judge 16 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). On or before 17 August 21, 2023, Plaintiff may file written objections with the court. Such a document should 18 be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is 19 advised that failure to file objections within the specified time may waive the right to appeal the 20 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 21 22 23 24 IT IS SO ORDERED. Dated: August 2, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2
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