(PC) Chiprez v. Warden et al

Filing 8

ORDER Directing Clerk of Court to Randomly Assign District Judge to Action; FINDINGS and RECOMMENDATIONS that 2 Plaintiff's Motion for Leave to Proceed In Forma Pauperis Be Denied, signed by Magistrate Judge Barbara A. McAuliffe on 04/26/2021. Referred to Judge Drozd. Objections to F&R due within fourteen-days. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS CHIPREZ, 12 Case No. 1:21-cv-00668-BAM (PC) Plaintiff, 13 v. 14 WARDEN, et al., 15 Defendants. 16 FINDINGS AND RECOMMENDATION THAT PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BE DENIED (ECF No. 2) 17 FOURTEEN (14) DAY DEADLINE 18 19 ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE TO ACTION Plaintiff Jesus Chiprez (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 20 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on April 21, 2021, together 21 with a motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF 22 Nos. 1, 2.) Plaintiff filed a prisoner trust fund account statement on April 23, 2021. (ECF No. 6.) 23 24 25 26 Examination of these documents reveals that Plaintiff is able to afford the costs of this action. Specifically, Plaintiff’s current balance in his inmate trust account is $5,000.00. Accordingly, the Court HEREBY ORDERS the Clerk of the Court to randomly assign a District Judge to this action. 27 Further, it is HEREBY RECOMMENDED that: 28 1. The motion to proceed in forma pauperis (ECF No. 2) be DENIED; and 1 1 2. Plaintiff be ORDERED to pay the $402.00 initial filing fee in full to proceed with this 2 action. 3 These Findings and Recommendations will be submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 5 fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may 6 file written objections with the court. The document should be captioned “Objections to 7 Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that the failure to file 8 objections within the specified time may result in the waiver of the “right to challenge the 9 magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) 10 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara April 26, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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