(PC) Smith v. John Doe 1
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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10 FREDERICK WAYNE SMITH, Case No. 1:25-cv-00109-KES-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS 12
TO DENY PLAINTIFF’S MOTION TO
v. 13 PROCEED IN FORMA PAUPERIS JOHN DOE #1, et al., 14 (ECF NO. 2) Defendants. 15 OBJECTIONS, IF ANY,
DUE WITHIN 30 DAYS
16 17 Plaintiff Frederick Smith is a pro se inmate at Kern Valley State Prison, who filed this 18 action pursuant to 42 U.S.C. § 1983 on January 27, 2025. (ECF No. 1). Along with his 19 complaint, Plaintiff also filed an application to proceed in forma pauperis (IFP) pursuant to 28 20 U.S.C. § 1915. (ECF No. 2). In addition, the Court received a certified Trust Account 21 Statement for Plaintiff’s account from California Department of Corrections. (ECF No. 6). 22 The Court normally requires a $405 filing fee for a civil action. However, a federal 23 statute, 28 U.S.C. § 1915, permits a plaintiff to commence a lawsuit without prepaying a filing 24 fee. This statute requires “an affidavit that includes a statement of all…