(PC) Gooden v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY GOODEN, No. 2:24-cv-00023 DJC SCR P Plaintiff, v. ORDER TRACY JOHNSON, Defendant. 16 Plaintiff, a state prisoner, proceeds pro se with a civil rights action brought under 42 U.S.C. § 1983 challenging Warden Tracy Johnson’s decision not to recommend plaintiff for resentencing under state law. Plaintiff has filed an in forma pauperis (“IFP”) affidavit (ECF No. 2) in which he states he receives income from family but does not specify any amounts received. The certificate portion of the IFP affidavit indicates plaintiff had $845.00 in his trust account at Folsom State Prison on the date the certificate was filled out and an average monthly balance of $2,824.00 during the prior six months with average monthly deposits of $1,209.79 during the prior six months. On the date plaintiff signed his IFP affidavit, his balance was $1,765.00. In order to commence this civil action, plaintiff must either pay both the $350.00…