Shehee v. Perez et al

Filing 22

FINDINGS and RECOMMENDATIONS Recommending Plaintiff's 21 MOTION to PROCEED IN FORMA PAUPERIS, signed by Magistrate Judge Barbara A. McAuliffe on 5/10/17. Referred to Judge Ishii. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 15 v. 18 19 FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED PEREZ, et al., (ECF No. 21) Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Case No. 1:16-cv-01346-AWI-BAM (PC) Plaintiff Gregory Ell Shehee (“Plaintiff”), a county jail inmate, is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On February 6, 2017, the Court directed Plaintiff to submit a prisoner application to 20 proceed in forma pauperis in this action. (ECF No. 11.) On March 3, 2017, Plaintiff filed an 21 application to proceed in forma pauperis that was incomplete, failing to clearly describe the 22 source of money he received in the form of a settlement check, and if he expected to receive 23 additional amounts. (ECF No. 13.) The Court denied the motion without prejudice and directed 24 Plaintiff to file a completed in forma pauperis application or to pay the filing fee within forty-five 25 (45) days. (ECF No. 15.) 26 On April 10, 2017, Plaintiff filed a renewed motion to proceed in forma pauperis and a 27 declaration in support. Plaintiff indicated that he received a one-time payment of approximately 28 $4,200.00 from a legal settlement, and appeared to state that he retained a balance of $4,000.00 in 1 1 his jail account. Plaintiff did not include a certified copy of his trust account statement, and the 2 certification portion of the in forma pauperis application was blank. (ECF Nos. 18, 19.) The 3 Court issued another order directing Plaintiff to file a completed application or to pay the filing 4 fee within forty-five (45) days. (ECF No. 20.) 5 Currently before the Court is Plaintiff’s renewed application to proceed in forma pauperis, 6 filed May 5, 2017. (ECF No. 21.) Included is a certified copy of Plaintiff’s prison trust account 7 statement. Examination of these documents reveals that Plaintiff is able to afford the costs of this 8 action. Specifically, during the prior six months Plaintiff has held an average monthly balance of 9 $3,616.66 in his account. His current balance is $3,386.10. 10 Accordingly, it is HEREBY RECOMMENDED that: 11 1. The motion to proceed in forma pauperis (ECF No. 21) be DENIED, pursuant to 28 12 U.S.C. § 1915; and 13 2. Plaintiff be ORDERED to pay the $400 initial filing fee for this action. 14 These Findings and Recommendations will be submitted to the United States District 15 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 16 fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may 17 file written objections with the court. The document should be captioned “Objections to 18 Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that the failure to file 19 objections within the specified time may result in the waiver of the “right to challenge the 20 magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 21 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 22 23 24 IT IS SO ORDERED. Dated: /s/ Barbara May 10, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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