Troy Lamar Nevels v. B. Suazo, et al.

E.D. California

Troy Lamar Nevels v. B. Suazo, et al.

DecidedDecember 1, 2025

Docket1:25-cv-01688

StatusUnknown

This text of Troy Lamar Nevels v. B. Suazo, et al. (Troy Lamar Nevels v. B. Suazo, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Troy Lamar Nevels v. B. Suazo, et al., (E.D. Cal. 2025).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TROY LAMAR NEVELS, No. 1:25-cv-01688-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 13 v. TO THIS ACTION 14 B. SUAZO, et al., FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S MOTION 15 Defendants. TO PROCEED IN FORMA PAUPERIS BE DENIED 16 (ECF No. 2) 17 18 Plaintiff is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 Plaintiff filed the instant action on December 1, 2025, along with a motion to proceed in 20 forma pauperis. (ECF Nos. 1, 2.) 21 I. 22 DISCUSSION 23 A. Application to Proceed In Forma Pauperis 24 28 U.S.C. § 1915(a)(1) permits a plaintiff to bring a civil action “without prepayment of 25 fees or security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff's 26 “is unable to pay such fees or give security therefor.” A prisoner seeking to bring a civil action 27 must, in addition to filing an affidavit, “submit a certified copy of the trust fund account statement 28 1 ... for the 6-month period immediately preceding the filing of the complaint ... obtained from the 2 appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2). 3 Plaintiff has filed an application declaring that, due to his poverty, he is unable to pre-pay 4 the full amount of fees and costs for these proceedings or give security therefor, and that he believes 5 that he is entitled to the relief sought in his complaint. Plaintiff attaches a copy of his most recent 6 prison trust account statement from the Valley State Prison. (ECF No. 2.) The statement provides 7 that Plaintiff currently has $5,079.10 to his credit. Thus, the available balance in Plaintiff’s account 8 reflects that he can pay the $405.00 filing fee for this action. 9 Based on the foregoing, the information that Plaintiff has provided to the Court reflects that 10 he is financially able to pre-pay the entire filing fee to commence this action. Although the Ninth 11 Circuit Court of Appeals has held that “the filing fee ... should not take the prisoner’s last dollar,” 12 Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995), in these circumstances, it appears Plaintiff 13 has sufficient funds to pre-pay the $405.00 filing fee with money left over. Should Plaintiff have 14 additional information to provide the Court, or should his available balance change by the time he 15 receives this order, he may notify the Court. However, the Court has the authority to consider any 16 reasons and circumstances for any change in Plaintiff’s available assets and funds. See Collier v. 17 Tatum, 722 F.2d 653, 656 (11th Cir. 1983) (district court may consider an unexplained decrease in 18 an inmate’s trust account, or whether an inmate’s account has been depleted intentionally to avoid 19 court costs). Therefore, Plaintiff’s motion to proceed in forma pauperis must be denied. If Plaintiff 20 wishes to proceed with this action, Plaintiff must pre-pay the $405.00 filing fee in full. 21 II. 22 ORDER AND RECOMMENDATION 23 Based on the foregoing, it is HEREBY ORDERED that the Clerk of Court shall randomly 24 assign a District Judge to this action. 25 Further, it is HEREBY RECOMMENDED that: 26 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and 27 2. Plaintiff be directed to pay the $405.00 filing fee for this action. 28 These Findings and Recommendations will be submitted to the United States District Judge 1 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(7). Within fourteen (14) 2 | days after being served with these Findings and Recommendations, Plaintiff may file written 3 | objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 4 | Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 5 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 6 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 7 g IT IS SO ORDERED. tf (Sc 9 | Dated: _ December 1, 2025 OF STANLEY A. BOONE 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TROY LAMAR NEVELS, No. 1:25-cv-01688-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 13 v. TO THIS ACTION 14 B. SUAZO, et al., FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S MOTION 15 Defendants. TO PROCEED IN FORMA PAUPERIS BE DENIED 16 (ECF No. 2) 17 18 Plaintiff is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 Plaintiff filed the instant action on December 1, 2025, along with a motion to proceed in 20 forma pauperis. (ECF Nos. 1, 2.) 21 I. 22 DISCUSSION 23 A. Application to Proceed In Forma Pauperis 24 28 U.S.C. § 1915(a)(1) permits a plaintiff to bring a civil action “without prepayment of 25 fees or security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff's 26 “is unable to pay such fees or give security therefor.” A prisoner seeking to bring a civil action 27 must, in addition to filing an affidavit, “submit a certified copy of the trust fund account statement 28 1 ... for the 6-month period immediately preceding the filing of the complaint ... obtained from the 2 appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2). 3 Plaintiff has filed an application declaring that, due to his poverty, he is unable to pre-pay 4 the full amount of fees and costs for these proceedings or give security therefor, and that he believes 5 that he is entitled to the relief sought in his complaint. Plaintiff attaches a copy of his most recent 6 prison trust account statement from the Valley State Prison. (ECF No. 2.) The statement provides 7 that Plaintiff currently has $5,079.10 to his credit. Thus, the available balance in Plaintiff’s account 8 reflects that he can pay the $405.00 filing fee for this action. 9 Based on the foregoing, the information that Plaintiff has provided to the Court reflects that 10 he is financially able to pre-pay the entire filing fee to commence this action. Although the Ninth 11 Circuit Court of Appeals has held that “the filing fee ... should not take the prisoner’s last dollar,” 12 Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995), in these circumstances, it appears Plaintiff 13 has sufficient funds to pre-pay the $405.00 filing fee with money left over. Should Plaintiff have 14 additional information to provide the Court, or should his available balance change by the time he 15 receives this order, he may notify the Court. However, the Court has the authority to consider any 16 reasons and circumstances for any change in Plaintiff’s available assets and funds. See Collier v. 17 Tatum, 722 F.2d 653, 656 (11th Cir. 1983) (district court may consider an unexplained decrease in 18 an inmate’s trust account, or whether an inmate’s account has been depleted intentionally to avoid 19 court costs). Therefore, Plaintiff’s motion to proceed in forma pauperis must be denied. If Plaintiff 20 wishes to proceed with this action, Plaintiff must pre-pay the $405.00 filing fee in full. 21 II. 22 ORDER AND RECOMMENDATION 23 Based on the foregoing, it is HEREBY ORDERED that the Clerk of Court shall randomly 24 assign a District Judge to this action. 25 Further, it is HEREBY RECOMMENDED that: 26 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and 27 2. Plaintiff be directed to pay the $405.00 filing fee for this action. 28 These Findings and Recommendations will be submitted to the United States District Judge 1 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(7). Within fourteen (14) 2 | days after being served with these Findings and Recommendations, Plaintiff may file written 3 | objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 4 | Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 5 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 6 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 7 g IT IS SO ORDERED. tf (Sc 9 | Dated: _ December 1, 2025 OF STANLEY A. BOONE 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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