(PC)Urbina

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARIO UBINA, No. 1:21-cv-01623-NONE-SKO (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v.

MOTION TO PROCEED IN FORMA

O. ONYEJE, PAUPERIS

Defendant. (Doc. Nos. 3, 8)

15 Plaintiff Mario Ubina is a state prisoner proceeding pro se in this civil rights action brought under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 10, 2021, the assigned magistrate judge issued an order to show cause why plaintiff’s motion to proceed in forma pauperis (“IFP”) should not be denied because plaintiff had sufficient funds to pay the filing fee. (Doc. No. 5.) Plaintiff filed a response to the order to show cause on November 29, 2021. (Doc. No. 6.) Therein, plaintiff does not deny that he had sufficient funds to pay the filing fee when he filed his motion, but that he had since then spent the 24 …