(PS) Murphy v. DAD'S BBQ

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHANNON O. MURPHY, SR., No. 2:25-cv-0836-DJC-CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS DAD’S BBQ, Defendant. 16 Plaintiff Shannon O. Murphy, Sr., initiated this action on March 24, 2025, with a pro se complaint and a motion to proceed in forma pauperis (“IFP”). (ECF Nos. 1, 2.) This matter is referred to the undersigned magistrate judge pursuant to Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). For the reasons that follow, plaintiff’s application to proceed IFP should be denied and the complaint should be dismissed without leave to amend. I. IFP In order to commence a civil action, a plaintiff must either pay the $350.00 filing fee and the $55.00 administrative fee or file an application requesting leave to proceed IFP. See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of an action without prepayment of fees by an individual who submits an affidavit evidencing an inability to…