(PC)Ellis
(PC)Ellis v. Brown
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN F. ELLIS, No. 2:21-cv-1635-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
R. BROWN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff has filed an in forma pauperis application in which he states that he has no cash. ECF No. 5 at 2. However, his attached inmate trust account statement reflects that he has a balance of $5,417.99. Id. The court may authorize the commencement of an action “without prepayment of fees or security therefor” by an individual who submits an application evidencing an inability to pay such fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff has made an inadequate showing of indigency in the application before the court. It will therefore be recommended that the application to proceed in forma pauperis be denied and that plaintiff be required to pay the $402.00 before…