1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW AVILA, Case No. 1:21-cv-01510-BAM (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN DISTRICT JUDGE TO

13 v. ACTION 14 FELDER, et al., FINDINGS AND RECOMMENDATION

THAT PLAINTIFF’S MOTION FOR LEAVE

15 Defendants. TO PROCEED IN FORMA PAUPERIS BE

DENIED

16 (ECF No. 2) 17

FOURTEEN (14) DAY DEADLINE

18 19 Plaintiff Anthony Butler (“Plaintiff”) is a state prisoner proceeding pro se in this civil 20 rights action pursuant to 42 U.S.C. § 1983. 21 Plaintiff initiated this action on October 13, 2021, together with a motion to proceed in 22 forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Plaintiff filed a prisoner trust 23 fund account statement on October 20, 2021. (ECF No. 5.) 24 Examination of these documents reveals that Plaintiff is able to afford the costs of this 25 action. Specifically, Plaintiff’s current available balance in his inmate trust account is $1,694.36. 26 (ECF No. 5.) 27 Accordingly, the Court HEREBY ORDERS the Clerk of the Court to randomly assign a 28 District Judge to this action. 1 Further, it is HEREBY RECOMMENDED that: 2 1. The motion to proceed in forma pauperis (ECF No. 2) be DENIED; and 3 2. Plaintiff be ORDERED to pay the $402.00 initial filing fee in full to proceed with this 4 action. 5 These Findings and Recommendations will be submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 7 fourteen (14) days after being served with these Findings and Recommendations, Plaintiff may 8 file written objections with the court. The document should be captioned “Objections to 9 Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that the failure to file 10 objections within the specified time may result in the waiver of the “right to challenge the 11 magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) 12 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13

IT IS SO ORDERED.

14

15 Dated: October 20, 2021 /s/ Barbara A. McAuliffe _

UNITED STATES MAGISTRATE JUDGE

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