-CMK (PC) Chatman v. Medina, No. 2:2011cv00681 - Document 7 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/24/11 RECOMMENDING that 3 MOTION to PROCEED IN FORMA PAUPERIS be denied; referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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-CMK (PC) Chatman v. Medina Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES JAMES CHATMAN, 12 Plaintiff, 13 14 No. CIV S-11-0681-MCE-CMK-P vs. FINDINGS AND RECOMMENDATIONS DAVID M. MEDINA, et al., 15 Defendants. 16 / 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court is plaintiff’s request for leave to proceed in forma 19 pauperis (Doc. 3). Plaintiff’s complaint will be addressed separately. 20 Plaintiff’s application does not make the showing required by 28 U.S.C. 21 § 1915(a). Specifically, plaintiff cannot demonstrate that he is unable to pre-pay the $350.00 22 filing fee because he has $9,195.39 in his prison trust account. 23 /// 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 2 Based on the foregoing, the undersigned recommends that plaintiff’s application for leave to proceed in forma pauperis (Doc. 3) be denied. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court. Responses to objections shall be filed within 14 days after service of 7 objections. Failure to file objections within the specified time may waive the right to appeal. 8 See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 11 12 DATED: March 24, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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