Martin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCELINO CLEMENTE, No. 2:19-cv-2616 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. MARTIN, Defendant. 16 Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis and certified prison trust account statement that shows he currently has $7,457.15 in his account. ECF Nos. 2, 5. In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay both the $350.00 filing fee and the $50.00 administrative fee for a civil action, or file an application requesting leave to proceed in forma pauperis. 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of an action “without prepayment of fees and costs or security therefor, by a person who submits an affidavit . . . that [he] is unable to pay…