(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)

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