Robertson v. Garcia et al.

Filing 8

FINDINGS and RECOMMENDATIONS Recommending Plaintiff's 7 Motion to Proceed In Forma Pauperis be Denied; Fourteen (14) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 9/15/2017. Referred to Judge Dale A. Drozd. Objections to F&R due by 10/5/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WAYNE JEROME ROBERTSON,

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Plaintiff,

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v.

Case No. 1:17-cv-01022-DAD-BAM (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS BE
DENIED

D. GARCIA, et al.,
(ECF No. 7)

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Defendants.
FOURTEEN (14) DAY DEADLINE

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Plaintiff Wayne Jerome Robertson (“Plaintiff”), a county jail inmate, is proceeding pro se

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in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 1,

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2017. (ECF No. 1.) On August 2, 2017, the Court directed Plaintiff to submit an application to

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proceed in forma pauperis in this action or pay the $400.00 filing fee within forty-five days.

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(ECF No. 4.)
Currently before the Court is Plaintiff’s application to proceed in forma pauperis, filed

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September 15, 2017. (ECF No. 7.) 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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$20,441.13 in his account. His current balance is $15,214.61.

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Accordingly, it is HEREBY RECOMMENDED that:

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1. The motion to proceed in forma pauperis (ECF No. 7) 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

September 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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