(PC) Cross v. Meza et al

Filing 11

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/4/2021 DENYING plaintiff's 10 motion to refund the filing fee and VACATING the 7 order granting plaintiff leave to proceed ifp. The Clerk shall randoml y assign a U.S. District Judge to this action. IT IS RECOMMENDED plaintiff's 2 motion for leave to proceed ifp be denied; plaintiff be given 30 days to pay the filing fee or face dismissal of the case. Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINTIN R. CROSS, 12 Plaintiff, 13 v. 14 T. MEZA, et al., 15 No. 2:19-cv-2416 AC P ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 18 § 1983, has requested a refund of the filing fee in this case. ECF No. 10. Plaintiff states that he 19 voluntarily dismissed this case but the court kept his filing fee. Id. 20 Plaintiff was granted leave to proceed in forma pauperis in this case, ECF No. 7, and has 21 not voluntarily dismissed this case. It appears he has mistaken this case for Cross v. Newsom, 22 No. 2:19-cv-2462 WBS CKD, in which he did pay the filing fee and later filed a voluntary 23 dismissal. However, it has come to the court’s attention that plaintiff’s request to proceed in 24 forma pauperis was granted in error. Plaintiff’s prisoner trust account statement reflects a balance 25 of $14,509.70, ECF No. 4, and plaintiff has therefore made an inadequate showing of indigency 26 in the application which was before the court. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. Plaintiff’s motion to refund the filing fee, ECF No. 10, is DENIED. 1 1 2 2. The order granting plaintiff leave to proceed in forma pauperis, ECF No. 7, is VACATED. 3 4 3. The Clerk of the Court shall randomly assign a United States District Judge to this action. 5 IT IS FURTHER RECOMMENDED that: 6 1. Plaintiff’s motion for leave to proceed in forma pauperis, ECF No. 2, be DENIED. 7 2. Plaintiff be given thirty days to pay the filing fee or face dismissal of the case. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, plaintiff may file written objections 11 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 12 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 13 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 14 (9th Cir. 1991). 15 DATED: June 4, 2021 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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