Kishbaugh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MELVIN JOSPEH SIMMONS, No. 2:19-cv-1650-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. KISHBAUGH, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. The court previously recommended that plaintiff’s application for leave to proceed in forma pauperis be denied, as it listed assets valued at $42,000,000. ECF No. 9. Plaintiff subsequently filed objections. ECF Nos. 10 & 11. Liberally construed, plaintiff claims therein that he is in fact indigent, as he has no access to the fortune listed in his in forma pauperis application. Id. The court vacates the findings and recommendations, re-examines plaintiff’s request for leave to proceed in forma pauperis, and now recommends that the request be denied because he has not demonstrated he is eligible to proceed in forma pauperis. A prisoner may not proceed in forma pauperis:

if the prisoner…