(PC) Smith v. John Doe 1

• Court: District Court, E.D. California
• Decided: January 29, 2025
• Docket: 1:25-cv-00109
• Status: Unknown

Opinion

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7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 FREDERICK WAYNE SMITH, Case No. 1:25-cv-00109-KES-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS 12 TO DENY PLAINTIFF’S MOTION TO v. 13 PROCEED IN FORMA PAUPERIS JOHN DOE #1, et al., 14 (ECF NO. 2) Defendants. 15 OBJECTIONS, IF ANY, DUE WITHIN 30 DAYS 16 17 Plaintiff Frederick Smith is a pro se inmate at Kern Valley State Prison, who filed this 18 action pursuant to 42 U.S.C. § 1983 on January 27, 2025. (ECF No. 1). Along with his 19 complaint, Plaintiff also filed an application to proceed in forma pauperis (IFP) pursuant to 28 20 U.S.C. § 1915. (ECF No. 2). In addition, the Court received a certified Trust Account 21 Statement for Plaintiff’s account from California Department of Corrections. (ECF No. 6). 22 The Court normally requires a $405 filing fee for a civil action. However, a federal 23 statute, 28 U.S.C. § 1915, permits a plaintiff to commence a lawsuit without prepaying a filing 24 fee. This statute requires “an affidavit that includes a statement of all assets such prisoner 25 possesses that the person is unable to pay such fees or give security therefor.” § 1915(a)(1). In 26 addition to filing an affidavit, a prisoner “shall submit a certified copy of the trust fund account 27 statement (or institutional equivalent) for the prisoner for the 6-month period immediately 28 1 || preceding the filing of the complaint or notice of appeal, obtained from the appropriate official 2 || of each prison at which the prisoner is or was confined.” § 1915(a)(2). 3 Both the IFP application and the Trust Account Statement indicate that Plaintiff has 4 || over $3,000 in his account, with $3,693.76 balance available the day Plaintiff filed his 5 || complaint. ECF No. 2; ECF No. 6). These funds are sufficient to pay the filing fee in this 6 || action. Therefore, the Court will recommend that Plaintiff's application to proceed in forma 7 || pauperis be denied and that Plaintiff be required to pay the filing fee of $405.00 for this action 8 || in full. 9 Accordingly, IT IS RECOMMENDED that: 10 1. Plaintiff's application to proceed in forma pauperis (ECF No. 2) be denied; 11 2. Plaintiff be ordered to pay the $405 filing fee in full should he wish to proceed 12 in this case; and 13 3. Plaintiff be advised that failure to pay the filing fee in full will result in the 14 dismissal of this case. 15 These findings and recommendations will be submitted to the United States district 16 || judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within 17 || thirty days after being served with these findings and recommendations, Plaintiff may file 18 || written objections with the Court. The document should be captioned “Objections to Magistrate 19 || Judge’s Findings and Recommendations.” Any objections shall be limited to no more than 15 20 || pages including exhibits. 21 Plaintiff is advised that failure to file objections within the specified time may result in 22 || the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 23 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). IT IS SO ORDERED. 25 Dated: _ January 29, 2025 [Je hoy —— 26 UNITED STATES MAGISTRATE JUDGE 27 28