Gonzales v. Rutledge et al

Filing 4

FINDINGS and RECOMMENDATIONS Recommending That Plaintiff's Application to Proceed Without Prepaying Fees or Costs Be Denied 2 , signed by Magistrate Judge Barbara A. McAuliffe on 4/6/17: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERARDO GONZALES,

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Plaintiff,

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v.

Case No. 1:17-cv-00387-LJO-BAM
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT PLAINTIFF’S
APPLICATION TO PROCEED WITHOUT
PREPAYING FEES OR COSTS BE DENIED

BILL RUTLEDGE, et al.,
(Doc. 2)

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Defendants.

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Plaintiff Gerardo Gonzales (“Plaintiff”) is proceeding pro se in this civil matter. Plaintiff

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initiated this action on March 16, 2017. (Doc. 1). On the same day, Plaintiff filed an application

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to proceed in forma pauperis under 28 U.S.C. § 1915. (Doc. 2).
According to Plaintiff’s application to proceed without prepaying fees or costs, he

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receives a retirement pension of $1,378.00 each month and receives a worker’s compensation

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payment of $1,080.00 each month.1 He also has $3,490.00 in cash or in a checking or savings

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account. (Doc. 2 at 1-2). Additionally, Plaintiff’s expenses include discretionary amounts for

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“cable” and vague expenses, such as “security,” “bug spray,” and “household goods.” (Doc. 2 at

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2.)
The Court finds that Plaintiff has not made the showing required by section 1915(a) that

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Plaintiff also itemizes gross pay or wages of $1,948.00, but lists his employment as
“Disable.” (Doc. 2 at 1).
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he is unable to pay the required fees for this action. Accordingly, the Court HEREBY

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RECOMMENDS that:

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1. Plaintiff’s application to proceed without prepayment of fees and costs (ECF No. 2) be

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DENIED; and

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2. Plaintiff be required to pay the $400.00 filing fee in full to proceed with this action.

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These findings and recommendations are submitted to the United States District Judge

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

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(14) days after being served with these findings and recommendations, Plaintiff may file written

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objections with the Court. Such a document should be captioned “Objections to Magistrate

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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within

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the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d

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834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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