Rossi

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGELIO MAY RUIZ, No. 2:20-cv-1066 WBS DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 J. ROSSI, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims his rights were violated in connection with a rules violation report 19 he received in June 2019. Presently before the court is plaintiff’s motion to proceed in forma 20 pauperis. (ECF No. 2.) For the reasons set forth below, the court will recommend that plaintiff’s 21 motion to proceed in forma pauperis be denied. 22 I. In Forma Pauperis Statue 23 The Prison Litigation Reform Act of 1995 (“PLRA”) permits a federal court to authorize 24 the commencement and prosecution of any suit without prepayment of fees by a person who 25 submits an affidavit indicating that the person is unable to pay such fees. However, 26 [i]n no event shall a prisoner bring a civil action . . . [in forma…