(PC) Singh v. Pheiffer, et al.

Filing 6

ORDER for Clerk to Randomly Assign United States District Judge to this Case; FINDINGS and RECOMMENDATIONS, Recommending that #4 Plaintiff's Motion to Proceed In Forma Pauperis be Denied re #1 Prisoner Civil Rights Complaint, signed by Magistrate Judge Gary S. Austin on 11/17/2022. Referred to Judge Ishii; Objections to F&R due within fourteen (14) days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MANJEET SINGH,

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Plaintiff,

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1:22-cv-01446-GSA-PC
ORDER FOR CLERK TO RANDOMLY
ASSIGN UNITED STATES DISTRICT
JUDGE TO THIS CASE

vs.
AND
PHEIFFER, ET AL.,

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FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS BE DENIED
(ECF No. 4.)

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OBJECTIONS, IF ANY, DUE IN 14 DAYS

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Defendants.

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I.

FINDINGS

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Michael Manjeet Singh (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. § 1983. On November 9, 2022, Plaintiff filed the Complaint

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commencing this action. (ECF No. 1.) On November 14, 2022, Plaintiff filed a motion to

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proceed in forma pauperis along with a certified copy of his prison trust account, pursuant to 28

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U.S.C. § 1915. (ECF No. 4.)

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Plaintiff’s trust account statement shows that on November 4, 2022, he had a balance of

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$15,947.50. (Id.) Under these facts the court finds that Plaintiff can afford the $402.00 filing
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fee for this action. Therefore, Plaintiff’s motion to proceed in forma pauperis should be denied,

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and Plaintiff should be required to pay the statutory filing fee of $400.00 for this action in full.

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II.

ORDER, RECOMMENDATIONS, AND CONCLUSION

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A.

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The Clerk is hereby directed to randomly assign a United States District Judge to this

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Order

action; and

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B.

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Based on the foregoing, IT IS HEREBY RECOMMENDED that:

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1.

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Recommendations and Conclusion

Plaintiff’s motion to proceed in forma pauperis, filed on November 14, 2022, be
DENIED; and

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2.

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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 the date of service of these findings and recommendations, Plaintiff may file

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written objections with the court.

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

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

Plaintiff be required to pay the $402.00 filing fee for this action in full.

Such a document should be captioned “Objections to

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IT IS SO ORDERED.
Dated:

November 17, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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