Calloway v. California Department of Corrections and Rehabilitation et al

Filing 10

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/07/18 RECOMMENDING that plaintiff's motion for leave to proceed in forma pauperis 2 be denied and that plaintiff be required to pay the full filing fees for this action. MOTION to PROCEED IN FORMA PAUPERIS 2 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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Plaintiff,

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No. 2:16-CV-2532-WBS-CMK-P

vs.

FINDINGS AND RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to proceed in forma

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pauperis (Doc. 2).

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Pursuant to 28 U.S.C. § 1915(a)(1), the court may grant in forma pauperis status

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to inmates who establish that they are unable to pay the filing fees. In this case, plaintiff’s prison

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trust account statement indicates that his balance as of April 3, 2017, is $6,369.68. In light of

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this balance, the court finds that plaintiff has not established that he is unable to pay the filing

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fees.

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Based on the foregoing, the undersigned recommends that plaintiff’s motion for

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leave to proceed in forma pauperis (Doc. 2) be denied and that plaintiff be required to pay the full

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filings fees for this action.

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These findings and recommendations are submitted to the United States District

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

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after being served with these findings and recommendations, any party may file written

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objections with the court. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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

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DATED: August 7, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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