Rivera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EVERETT LEROY SPILLARD, II, No. 2:25-cv-01330 SCR P Plaintiff, v. ORDER and ANNA RIVERA, et al., FINDINGS AND RECOMMENDATION Defendants. 16 Plaintiff is incarcerated in state prison and proceeding pro se with this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action by filing a complaint on May 9, 2025 (ECF No. 1) but did not pay the filing fee or request leave to proceed in forma pauperis. On July 11, 2025, the undersigned issued an order to show cause why plaintiff’s failure to pay the required filing fee or file a motion to proceed in forma pauperis should not result in a recommendation that this case be dismissed. (ECF No. 5.) In response, plaintiff filed a notice stating that his brother paid the filing fee for this case, but it went to a different action. (ECF No. 6.) The court investigated plaintiff’s claim by reviewing the docket as to each of his cases in this district and 25 …