(PC)Winfield v. Silva

Opinion

MICHAEL JEROME WINFIELD, Case No. 1:25-cv-00170-KES-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF’S MOTIONS FOR LEAVE v. TO PROCEED IN FORMA PAUPERIS BE DENIED SILVA, et al., (ECF No. 2, 7) Defendants. FOURTEEN (14) DAY DEADLINE Plaintiff Michael Jerome Winfield (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on February 11, 2025, together with an unsigned motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Plaintiff filed a signed motion to proceed in forma pauperis on March 3, 2025 and a certified copy of his prison trust account statement on March 11, 2025. (ECF Nos. 7, 12.) Examination of Plaintiff’s trust account statement reveals that Plaintiff is able to afford the costs of this action. Specifically, Plaintiff’s current available balance in his inmate trust account is $28,411.84. (ECF No. 12.) In a declaration filed in support of his motion to proceed in forma pauperis, Plaintiff indicates that he is currently in negotiation with an attorney to represent him in his criminal case, which may require him to exhaust his current balance of $29,882.59 as of February 23, 2025. (ECF No. 7, p. 3.) Despite Plaintiff’s assertions that the entirety of his trust account balance must be used to pay for representation in his criminal action, Plaintiff has not stated specifically how much he must allocate towards this attorney. In addition, review of Plaintiff’s trust account statement reveals that since the filing of this action on February 11, 2025, Plaintiff has spent approximately $100.00 on miscellaneous expenses, including kiosk requests, legal copies, legal mail, and sales. (ECF No. 12, p. 2.) Since Plaintiff last reviewed his own trust account balance of $29,882.59, Plaintiff has spent approximately $1,400.00 on similar miscellaneous expenses and voluntary withdrawals, none of which appear to be directed towards payment of legal representation. (Id.) In light of the record before the Court, it appears Plaintiff is more than able to afford the costs of this action, including the $405.00 initial filing fee, without proceeding in forma pauperis. Accordingly, it is HEREBY RECOMMENDED that: 1. The motions to proceed in forma pauperis, (ECF Nos. 2, 7), be DENIED; and 2. Plaintiff be ORDERED to pay the $405.00 initial filing fee in full to proceed with this action. These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Objections, if any, shall not exceed fifteen (15) pages or include exhibits. Exhibits may be referenced by CM/ECF document and page number if already in the record before the Court. Any pages filed in excess of the 15-page limit may not be considered. The parties are advised that failure to file objections within the specified time may result in the waiver of the “right to challenge the magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). IT IS SO ORDERED.

Dated: March 11, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE