(PC) Adams v. CDCR Officers et al, No. 2:2021cv02087 - Document 10 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 12/2/2021 RECOMMENDING plaintiff's 4 motion to proceed ifp be denied and that this action be dismissed without prejudice to refiling upon pre-payments of the filing fees. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RINESON CURTIS ADAMS, 12 Plaintiff, 13 14 No. 2:21-CV-2087-WBS-DMC-P v. FINDINGS AND RECOMMENDATIONS CDCR OFFICERS, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 4, for leave to 19 proceed in forma pauperis. Plaintiff has not submitted a declaration that makes the showing of indigency 20 21 required by 28 U.S.C. § 1915(a). In particular, a review of Plaintiff’s inmate trust account 22 statement reflects that, as of September 10, 2021, Plaintiff had $983.50 in available funds, which 23 is sufficient to pre-pay the filing fees for this case. 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 Based on the foregoing, the undersigned recommends that Plaintiff’s motion, ECF 2 No. 4, for leave to proceed in forma pauperis be denied and that this action be dismissed without 3 prejudice to refiling upon pre-payments of the filing fees therefor. 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 objections 7 with the Court. Responses to objections shall be filed within 14 days after service of objections. 8 Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 9 Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 11 Dated: December 2, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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