(PC) Hanson v. Moore et al, No. 2:2018cv01720 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 ORDERING the Clerk shall randomly assign a US District Judge to this case. IT IS RECOMMENDED plaintiff's 2 application to proceed ifp be denied; p laintiff be directed to pay the $400.00 filing fee within 30 days of any order adopting this recommendation; and plaintiff be admonished that failure to comply will result in the dismissal of this action. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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(PC) Hanson v. Moore et al Doc. 11 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BARON KEITH JOHNNY HANSON, Jr., 11 Plaintiff, 12 13 No. 2:18-cv-1720-EFB P v. TOMMIE BOORE, Jr., et al., 14 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 15 16 Plaintiff, a civil detainee proceeding without counsel, has requested leave to proceed in 17 forma pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. Because he has not shown that he is 18 unable to prepay the filing fee for this action, his request to proceed in forma pauperis must be 19 denied. 20 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 21 in federal district court. 28 U.S.C. § 1914(a). This court also requires a $50 administrative fee. 22 The court may authorize the commencement of an action without prepayment of the fees and 23 costs by a person who submits an affidavit showing that he is unable to pay, i.e., that because of 24 his poverty, he cannot afford the court costs and still provide himself and his dependents with the 25 necessities of life. 28 U.S.C. § 1915(a)(1); Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 26 (11th Cir. 2004) (affidavit is sufficient if it represents that the litigant is “unable to pay for the 27 court fees and costs, and to provide necessities for himself and his dependents”) (citing Adkins v. 28 E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948). 1 Dockets.Justia.com 1 Plaintiff’s in forma pauperis application reflects that he is financially able to prepay the 2 filing fee to commence this action. See ECF No. 2 at 2 (listing, among other assets, cash in the 3 amount of $1,549,000). Thus, it is apparent from plaintiff’s application that he has sufficient 4 funds to prepay the $400 filing fee with funds remaining to provide necessities for himself and his 5 dependents. 6 7 Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a United States District Judge to this case. 8 Further, it is RECOMMENDED that: 9 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) be denied; 10 11 12 13 2. Plaintiff be directed to pay the $400 filing fee within 30 days of any order adopting this recommendation; and 3. Plaintiff be admonished that failure to comply will result in the dismissal of this action. 14 These findings and recommendations are submitted to the United States District Judge 15 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 16 after being served with these findings and recommendations, any party may file written 17 objections with the court and serve a copy on all parties. Such a document should be captioned 18 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 19 within the specified time may waive the right to appeal the District Court’s order. Turner v. 20 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 21 DATED: July 19, 2018. 22 23 24 25 26 27 28 2