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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL ROBERTS, Case No. 1:21-cv-00506-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION TO

v. PROCEED IN FORMA PAUPERIS

GAVIN NEWSOM, et al., (Doc. 2)

Defendants. 14-DAY DEADLINE

Clerk of the Court to Assign a District Judge 17 Before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) The certified trust account statement submitted by the California Department of Corrections and Rehabilitation indicates that Plaintiff has more than $900 in his trust account. (Doc. 6.) This is more than enough to pay the $402 filing fee for this action in full. In his motion, Plaintiff concedes that he is “able to pay the fees” for this case. (Doc. 2 at 1.) Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). While a party need not be completely…