Bevin
(PC) Clemente v. Bevin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARCELINO CLEMENTE, No. 2:20-cv-0030-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
D. BEVIN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in this action brought pursuant to 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis (“application”) (ECF No. 2). Plaintiff’s application and prisoner trust fund account statement submitted therewith (ECF No. 5) indicate that plaintiff has – as of January 7, 2020 – an available balance of 7,454.15 dollars. Id. at 1. The court has discretion to decide whether to grant IFP status. See Calif. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) (“Section 1915 typically requires the reviewing court to exercise its sound discretion in determining whether the affiant has satisfied the statute’s requirement of indigency”), rev’d on other grounds, 506 U.S. 194 (1993). To qualify for IFP status an applicant must show that he…