Mathew-Allen McCaster v. Franchise Tax Board, et al.

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6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATHEW-ALLEN McCASTER, No. 2:24-cv-03161-TLN-SCR 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 FRANCHISE TAX BOARD, et al., 15 Defendants. 16 17 Plaintiff is proceeding pro se in this action. This matter was accordingly referred to the 18 undersigned pursuant to Local Rule 302(c)(21). Plaintiff has not responded to the Court’s Order 19 to Show Cause issued on October 24, 2025, and the Court now recommends that the motion for 20 leave to proceed in forma pauperis (“IFP”) (ECF No. 2) be denied and this action dismissed. 21 I. Background and Procedural History 22 Plaintiff filed his complaint and a motion to proceed IFP on November 14, 2024. Plaintiff 23 then also filed a First Amended Complaint (“FAC”), motion for preliminary injunction, and 24 motion for summary judgment. ECF Nos. 3, 4, & 5. The Court issued an Order and Findings and 25 Recommendations (“F&R”) which screened the FAC pursuant to 28 U.S.C. § 1915(e) and 26 addressed all pending…