(PC) Winston v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEANTHONY T. WINSTON, Case No. 1:24-cv-00934-KES-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DENY PLAINTIFF’S MOTION FOR LEAVE
v. TO PROCEED IN FORMA PAUPERIS UNDER 28 U.S.C. § 1915 (g) 1 UNITED STATES OF AMERICA,
FOURTEEN-DAY OBJECTION PERIOD
Defendant. (Doc. No. 6) 16 Plaintiff LeAnthony T. Winston, a prisoner incarcerated at USP-Atwater, initiated this action by filing a pro se prisoner complaint pursuant to the Federal Tort Claims Act (“FTCA”) on August 12, 2024. (Doc. No. 1, “Complaint”). On August 13, 2024, the Court directed Plaintiff to either file an application to proceed in forma pauperis (“IFP”) or pay the $405.00 filing fee for civil actions within 30 days. (Doc. No. 3). On September 16, 2024, Plaintiff filed an IFP application. (Doc. No. 8). For the reasons discussed below, the undersigned recommends the district court deny Plaintiff’s IFP motion under 28 U.S.C. § 1915(g) because Plaintiff has had…