(PC) Woody v. Mnuchin et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/16/2021 RECOMMENDING plaintiff's 2 motion to proceed ifp be denied; and plaintiff be given 21 days to pay the filing fee or face dismissal of the case. Referred to Judge Troy L. Nunley; 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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JOHN F. WOODY, JR.,

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No. 2:20-cv-2328 TLN AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

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STEPHEN MNUCHIN, et al.,

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Defendants.

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By order filed January 12, 2021, the undersigned found that plaintiff had made an

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inadequate showing of indigence to support his request to proceed in forma pauperis because his

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application states that he has cash in the amount of $7,150,000.00. ECF No. 12. It was further

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noted that a later filing indicated that plaintiff became the beneficiary of a trust upon the death of

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his mother in 2011. Id. (citing ECF No. 11 at 3). Because plaintiff made an inadequate showing

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of indigency, he was given twenty-one days to pay the appropriate filing and administrative fees

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totaling $400.00 to the Clerk of the Court or explain to the court why he could not pay the fee.

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Id. He was further cautioned that failure to pay the fee or explain why he could not pay the fee

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would result in a recommendation that the application to proceed in forma pauperis be denied and

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the instant action be dismissed without prejudice if the fee remained unpaid. Twenty-one days

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have passed and plaintiff has not paid the filing fee, explained why he cannot pay the fee, or

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otherwise responded to the order.
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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. Plaintiff’s motion for leave to proceed in forma pauperis, ECF No. 2, be DENIED.

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2. Plaintiff be given twenty-one days to pay the filing fee or face dismissal of the case.

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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, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: February 16, 2021

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