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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

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v.

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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

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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

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proceed in forma pauperis in this action. (ECF No. 11.) On March 3, 2017, Plaintiff filed an

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application to proceed in forma pauperis that was incomplete, failing to clearly describe the

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source of money he received in the form of a settlement check, and if he expected to receive

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additional amounts. (ECF No. 13.) The Court denied the motion without prejudice and directed

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Plaintiff to file a completed in forma pauperis application or to pay the filing fee within forty-five

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(45) days. (ECF No. 15.)

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On April 10, 2017, Plaintiff filed a renewed motion to proceed in forma pauperis and a

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declaration in support. Plaintiff indicated that he received a one-time payment of approximately

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$4,200.00 from a legal settlement, and appeared to state that he retained a balance of $4,000.00 in
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his jail account. Plaintiff did not include a certified copy of his trust account statement, and the

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certification portion of the in forma pauperis application was blank. (ECF Nos. 18, 19.) The

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Court issued another order directing Plaintiff to file a completed application or to pay the filing

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fee within forty-five (45) days. (ECF No. 20.)

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Currently before the Court is Plaintiff’s renewed application to proceed in forma pauperis,

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filed May 5, 2017. (ECF No. 21.) Included is a certified copy of Plaintiff’s prison trust account

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statement. Examination of these documents reveals that Plaintiff is able to afford the costs of this

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action. Specifically, during the prior six months Plaintiff has held an average monthly balance of

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$3,616.66 in his account. His current balance is $3,386.10.

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Accordingly, it is HEREBY RECOMMENDED that:

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1. The motion to proceed in forma pauperis (ECF No. 21) be DENIED, pursuant to 28

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U.S.C. § 1915; and

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2. Plaintiff be ORDERED to pay the $400 initial filing fee for this action.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may

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file written objections with the court. The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that the failure to file

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objections within the specified time may result in the waiver of the “right to challenge the

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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 10, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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