Marquez

(PC) Harper v. Marquez

Good Law
United States District Court, Eastern District of CaliforniaMay 29, 20242:24-cv-01194California1,129 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, No. 2:24-cv-1194 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

G. MARQUEZ, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action under 42 U.S.C. §1983 along with a motion to proceed in forma pauperis. For the reasons set forth below, this court finds plaintiff fails to meet the standards to proceed in forma pauperis and recommends this action be dismissed if plaintiff fails to pay the filing fee. IN FORMA PAUPERIS STATUTE The Prison Litigation Reform Act of 1995 (“PLRA”) permits a federal court to authorize the commencement and prosecution of any suit without prepayment of fees by a person who submits an affidavit indicating that the person is unable to pay such fees. However, [i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the…

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