(PC) Rogers v. Nevada County Jail et al, No. 2:2023cv02460 - Document 8 (E.D. Cal. 2023)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 12/05/2023 RECOMMENDING that the 2 Motion to Proceed In Forma Pauperis be denied and that Plaintiff be required to pay the $405.00 filing fees in full. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these Findings and Recommendations. (Woodson, A)
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(PC) Rogers v. Nevada County Jail et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE DI AUNDRA ROGERS, 12 Plaintiff, 13 14 No. 2:23-CV-2460-TLN-DMC-P v. FINDINGS AND RECOMMENDATIONS NEVADA COUNTY JAIL, 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, ECF No. 2. Plaintiff has not submitted a declaration that makes the showing required 20 by 28 U.S.C. § 1915(a). In his application, Plaintiff states that he has received money from 21 “other sources” in the past 12 months, and Plaintiff identifies this source as a “lawsuit 22 settlement.” ECF No. 2, pgs. 1-2. Plaintiff’s inmate trust account statement indicates Plaintiff 23 had a balance of $15,011.53 in his trust account as of November 1, 2023. See ECF No. 6. The 24 Court finds that this amount is sufficient for Plaintiff to afford both the initial filing fee of 25 $405.00 and further litigation of this matter. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Based on the foregoing, the undersigned recommends that Plaintiff’s motion for 2 leave to proceed in forma pauperis, ECF No. 2, be DENIED and that Plaintiff be required to pay 3 the $405.00 filing fees in full. 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 5, 2023 ____________________________________ 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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