Kishbaugh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 2:19-cv-1650-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. KISHBAUGH, et al., Defendants. 16 Plaintiff, a state prisoner proceeding without counsel, has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF No. 3. Because he has not shown that he is unable to prepay the filing fee for this action, his request should be denied. Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action in federal district court. 28 U.S.C. § 1914(a). This court also requires a $50 administrative fee. The court may authorize the commencement of an action without prepayment of the fees and costs by a person who submits an affidavit showing that he is unable to pay, i.e., that because of his poverty, he cannot afford the court costs and still provide himself and his dependents with the necessities of life. 28 U.S.C. § 1915(a)(1); Martinez v. Kristi…