(PC) Meriwether v. Mosqueda et al

Filing 8

FINDINGS and RECOMMENDATIONS Recommending Plaintiff's 2 Motion to Proceed In Forma Pauperis be Denied; ORDER Directing Clerk of Court to Randomly Assign a District Judge to this Action, signed by Magistrate Judge Stanley A. Boone on 03/11/2025. Referred to Judge Sherriff. Objections to F&R due within Fourteen-Days. (Deputy Clerk CM)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY MERIWETHER,

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Plaintiff,

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No. 1:25-cv-00284-SAB (PC)
ORDER DIRECTING CLERK OF COURT
TO RANDOMLY ASSIGN A DISTRICT
JUDGE TO THIS ACTION

v.
MOSQUEDA, et al.,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS BE
DENIED

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Defendants.

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(ECF Nos. 2, 6)

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Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983.
Plaintiff filed the instant action on March 6, 2025, along with a motion to proceed in
forma pauperis. (ECF Nos. 1, 2.) On March 11, 2025, the Court received Plaintiff’s trust fund
account statement. (ECF No. 6.)

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I.

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DISCUSSION
A.

Application to Proceed In Forma Pauperis

28 U.S.C. § 1915(a)(1) permits a plaintiff to bring a civil action “without prepayment of
fees or security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff's

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“is unable to pay such fees or give security therefor.” A prisoner seeking to bring a civil action

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must, in addition to filing an affidavit, “submit a certified copy of the trust fund account statement

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... for the 6-month period immediately preceding the filing of the complaint ... obtained from the

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appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2).

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Plaintiff has filed an application declaring that, due to his poverty, he is unable to pre-pay

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the full amount of fees and costs for these proceedings or give security therefor, and that he believes

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that he is entitled to the relief sought in his complaint. On March 11, 2025, the Court received

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Plaintiff’s prison trust account statement from Corcoran State Prison. (ECF No. 6.) The statement

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provides that as of March 7, 2025, Plaintiff currently has $876.07 to his credit. Thus, the available

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balance in Plaintiff’s account reflects that he can pay the $405.00 filing fee for this action.

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Based on the foregoing, the information that Plaintiff has provided to the Court reflects that

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he is financially able to pre-pay the entire filing fee to commence this action. Although the Ninth

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Circuit Court of Appeals has held that “the filing fee ... should not take the prisoner’s last dollar,”

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Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995), in these circumstances, it appears Plaintiff

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has sufficient funds to pre-pay the $405.00 filing fee with money left over. Should Plaintiff have

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additional information to provide the Court, or should his available balance change by the time he

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receives this order, he may notify the Court. However, the Court has the authority to consider any

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reasons and circumstances for any change in Plaintiff’s available assets and funds. See Collier v.

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Tatum, 722 F.2d 653, 656 (11th Cir. 1983) (district court may consider an unexplained decrease in

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an inmate's trust account, or whether an inmate's account has been depleted intentionally to avoid

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court costs). Therefore, Plaintiff's motion to proceed in forma pauperis must be denied. If Plaintiff

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wishes to proceed with this action, Plaintiff must pre-pay the $405.00 filing fee in full.

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II.

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ORDER AND RECOMMENDATION

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Based on the foregoing, it is HEREBY ORDERED that the Clerk of Court shall randomly

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assign a District Judge to this action.

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///

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///
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Further, it is HEREBY RECOMMENDED that:

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Plaintiff motion to proceed in forma pauperis (ECF No. 2) be denied; and

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2.

Plaintiff be directed to pay the $405.00 filing fee for this action.

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These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

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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:

March 11, 2025
STANLEY A. BOONE
United States Magistrate Judge

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