(PC)Winfield v. Silva et al

Filing 13

FINDINGS and RECOMMENDATIONS that Plaintiff's 2 7 Motions for Leave to Proceed In Forma Pauperis be Denied signed by Magistrate Judge Barbara A. McAuliffe on 03/11/2025. Referred to Judge Sherriff; Objections to F&R due within Fourteen-Days. (Deputy Clerk EF)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JEROME WINFIELD,

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Plaintiff,

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v.

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SILVA, et al.,

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FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF’S MOTIONS FOR LEAVE
TO PROCEED IN FORMA PAUPERIS BE
DENIED
(ECF No. 2, 7)

Defendants.
FOURTEEN (14) DAY DEADLINE

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Case No. 1:25-cv-00170-KES-BAM (PC)

Plaintiff Michael Jerome Winfield (“Plaintiff”) is a state prisoner proceeding pro se in this
civil rights action pursuant to 42 U.S.C. § 1983.
Plaintiff initiated this action on February 11, 2025, together with an unsigned motion to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Plaintiff filed a signed

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motion to proceed in forma pauperis on March 3, 2025 and a certified copy of his prison trust

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account statement on March 11, 2025. (ECF Nos. 7, 12.)

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Examination of Plaintiff’s trust account statement reveals that Plaintiff is able to afford the

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costs of this action. Specifically, Plaintiff’s current available balance in his inmate trust account

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is $28,411.84. (ECF No. 12.) In a declaration filed in support of his motion to proceed in forma

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pauperis, Plaintiff indicates that he is currently in negotiation with an attorney to represent him in

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his criminal case, which may require him to exhaust his current balance of $29,882.59 as of

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February 23, 2025. (ECF No. 7, p. 3.)

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Despite Plaintiff’s assertions that the entirety of his trust account balance must be used to

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pay for representation in his criminal action, Plaintiff has not stated specifically how much he

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must allocate towards this attorney. In addition, review of Plaintiff’s trust account statement
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reveals that since the filing of this action on February 11, 2025, Plaintiff has spent approximately

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$100.00 on miscellaneous expenses, including kiosk requests, legal copies, legal mail, and sales.

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(ECF No. 12, p. 2.) Since Plaintiff last reviewed his own trust account balance of $29,882.59,

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Plaintiff has spent approximately $1,400.00 on similar miscellaneous expenses and voluntary

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withdrawals, none of which appear to be directed towards payment of legal representation. (Id.)

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In light of the record before the Court, it appears Plaintiff is more than able to afford the costs of

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this action, including the $405.00 initial filing fee, without proceeding in forma pauperis.

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Accordingly, it is HEREBY RECOMMENDED that:

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1. The motions to proceed in forma pauperis, (ECF Nos. 2, 7), be DENIED; and

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2. Plaintiff be ORDERED to pay the $405.00 initial filing fee in full to proceed with this

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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 Recommendations.” Objections, if any, shall not exceed

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fifteen (15) pages or include exhibits. Exhibits may be referenced by CM/ECF document

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and page number if already in the record before the Court. Any pages filed in excess of the

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15-page limit may not be considered. The parties are advised that failure to file objections

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within the specified time may result in the waiver of the “right to challenge the magistrate’s

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factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014) (citing

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

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

March 11, 2025

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UNITED STATES MAGISTRATE JUDGE

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