Hanson v. Moore et al

Filing 11

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 ORDERING the Clerk shall randomly assign a US District Judge to this case. IT IS RECOMMENDED plaintiff's 2 application to proceed ifp be denied; p laintiff be directed to pay the $400.00 filing fee within 30 days of any order adopting this recommendation; and plaintiff be admonished that failure to comply will result in the dismissal of this action. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BARON KEITH JOHNNY HANSON, Jr.,

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Plaintiff,

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No. 2:18-cv-1720-EFB P

v.
TOMMIE BOORE, Jr., et al.,

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ORDER AND FINDINGS AND
RECOMMENDATIONS

Defendants.

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Plaintiff, a civil detainee proceeding without counsel, has requested leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. Because he has not shown that he is

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unable to prepay the filing fee for this action, his request to proceed in forma pauperis must be

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denied.

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action

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in federal district court. 28 U.S.C. § 1914(a). This court also requires a $50 administrative fee.

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The court may authorize the commencement of an action without prepayment of the fees and

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costs by a person who submits an affidavit showing that he is unable to pay, i.e., that because of

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his poverty, he cannot afford the court costs and still provide himself and his dependents with the

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necessities of life. 28 U.S.C. § 1915(a)(1); Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307

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(11th Cir. 2004) (affidavit is sufficient if it represents that the litigant is “unable to pay for the

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court fees and costs, and to provide necessities for himself and his dependents”) (citing Adkins v.

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E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948).
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Plaintiff’s in forma pauperis application reflects that he is financially able to prepay the

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filing fee to commence this action. See ECF No. 2 at 2 (listing, among other assets, cash in the

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amount of $1,549,000). Thus, it is apparent from plaintiff’s application that he has sufficient

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funds to prepay the $400 filing fee with funds remaining to provide necessities for himself and his

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dependents.

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Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a
United States District Judge to this case.

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Further, it is RECOMMENDED that:

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1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) be denied;

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2. Plaintiff be directed to pay the $400 filing fee within 30 days of any order adopting
this recommendation; and
3. Plaintiff be admonished that failure to comply will result in the dismissal of this
action.

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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 28 U.S.C. § 636(b)(l). Within fourteen 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 and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: July 19, 2018.

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