(PC) Tramontana v. Paik et al, No. 2:2017cv01506 - Document 10 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/07/18 RECOMMENDING that plaintiff's motion for leave to proceed in forma pauperis 2 be denied and that plaintiff be required to pay the filing fees for this action. MOTION to PROCEED IN FORMA PAUPERIS 2 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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(PC) Tramontana v. Paik et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE TRAMONTANA, 12 Plaintiff, 13 14 No. 2:17-CV-1506-KJM-CMK-P vs. FINDINGS AND RECOMMENDATIONS S. PAIK, 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 motion for leave to proceed in forma 19 pauperis (Doc. 2). 20 Pursuant to 28 U.S.C. § 1915(a)(1), the court may grant in forma pauperis status 21 to inmates who establish that they are unable to pay the filing fees. In this case, plaintiff’s prison 22 trust account statement indicates that his balance as of July 24, 2017, is $13,363.80. In light of 23 this balance, the court finds that plaintiff has not established that he is unable to pay the filing 24 fees. 25 /// 26 /// 1 Dockets.Justia.com 1 Based on the foregoing, the undersigned recommends that plaintiff’s motion for 2 leave to proceed in forma pauperis (Doc. 2) be denied and that plaintiff be required to pay the full 3 filings fees for this action. 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court. Responses to objections shall be filed within 14 days after service of 8 objections. Failure to file objections within the specified time may waive the right to appeal. 9 See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 11 12 13 DATED: August 7, 2018 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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