Thomas
(PC) Miller v. Thomas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-cv-02001 DB P Plaintiff, v. ORDER J. THOMAS, et al., Defendants. 16 Plaintiff, a state prisoner, brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint in this matter on October 29, 2021. (ECF No. 1.) Pending before the court is plaintiff’s motion to proceed in forma pauperis. (ECF No. 2.) In order to commence an action, a plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and must either pay both the $350.00 filing fee and the $52.00 administrative fee for a civil action, or file an application requesting leave to proceed in forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of an action “without prepayment of fees and costs or security therefor,” by a person who is “unable to pay such fee or give security therefor.” 28 U.S.C. § 1915(a).