(PC) Smith v. John Doe 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FREDERICK WAYNE SMITH, Case No. 1:25-cv-00109 KES EPG (PC) Plaintiff, ORDER DISMISSING ACTION

WITHOUT PREJUDICE FOR FAILURE

v. TO PAY THE FILING FEE JOHN DOE #1, et al. (Docs. 11, 12) Defendant.

16 Plaintiff Frederick Wayne Smith is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. On January 29, 2025, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s motion to proceed in forma pauperis be denied. Doc. 8. The magistrate judge found that plaintiff had sufficient funds in his trust account to pay the $405.00 filing fee for this action. Id. Plaintiff filed another motion to proceed in forma pauperis on February 21, 2025. Doc. 10. That application showed plaintiff had the sum of $3,687.76 in his trust account as of January 30, 2025, and had an average monthly balance of $5,466.14 in his trust account for the six…