(PC) Martinez v. Rodriguez, No. 2:2010cv01485 - Document 13 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/15/2010 ORDERING that Pltf's 6 motion for service is DENIED. IT IS HEREBY RECOMMENDED that Pltf's 8 motion to proceed IFP be denied, and that Pltf be ordered to submit the filing fee within 28 days. Referred to Judge William B. Shubb. Objections to F&R due within 14 days. (Zignago, K.)
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(PC) Martinez v. Rodriguez Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GILBERT S. MARTINEZ, 11 12 13 Plaintiff, No. CIV S-10-1485 GGH P vs. YOLANDA RODRIGUEZ, 14 Defendant. ORDER AND 15 FINDINGS AND RECOMMENDATIONS 16 / 17 Plaintiff is a county inmate proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. Plaintiff has filed an in forma pauperis application in which he states that he 19 owns two houses valued at $2,743,500 and $610,000, respectively; two cars valued at $107,000 20 and $47,000, respectively; and a motorbike valued at $87,000. He claims to have cash in excess 21 of $3,000,000. In sum, plaintiff claims to own property whose approximate total worth is over 22 $6.5 million. 23 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil 24 action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the 25 commencement of an action “without prepayment of fees or security therefor” by an individual 26 who submits an affidavit evidencing an inability to pay such fees or give security therefor. 28 1 Dockets.Justia.com 1 U.S.C. § 1915(a). Plaintiff has made an inadequate showing of indigency in the affidavit before 2 the court. The undersigned will therefore recommend that plaintiff’s motion to proceed in forma 3 pauperis be denied, and that, within twenty-eight days of such denial, plaintiff be required to 4 submit the appropriate filing fee to the Clerk of the Court. Plaintiff is cautioned that failure to 5 pay the fee will result in a recommendation that the instant action be dismissed without 6 prejudice. 7 Plaintiff has also filed a motion requesting service on the defendant. As plaintiff 8 has not yet paid the filing fee to commence an action and his complaint has not yet been 9 determined to state a colorable claim under 42 U.S.C. § 1983, the motion is premature. 10 11 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for service (Doc. No. 6) is denied. 12 Also, IT IS HEREBY RECOMMENDED that plaintiff’s motion to proceed in 13 forma pauperis be denied, and that plaintiff be ordered to submit the appropriate filing fee within 14 twenty-eight days from the date of the order denying plaintiff’s motion. 15 These findings and recommendations are submitted to the United States District 16 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 17 days after being served with these findings and recommendations, plaintiff may file written 18 objections with the court. Such a document should be captioned “Objections to Magistrate 19 Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections 20 within the specified time may waive the right to appeal the District Court's order. Martinez v. 21 Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 DATED: September 15, 2010 23 /s/ Gregory G. Hollows 24 UNITED STATES MAGISTRATE JUDGE 25 26 GGH:14 mart1485.3b 2