(PC)Miller

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-CV-2407-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS NGUYEN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 2, for leave to proceed in forma pauperis. The Court finds that Plaintiff has not made the showing of indigency required by 28 U.S.C. § 1915(a). Specifically, a review of Plaintiff’s prison trust account statement reflects that, as of December 30, 2021, Plaintiff had $1,429.24 in available funds, which is an amount sufficient to pre-pay the filing fees for this action. / / / / / / / / / / / / / / / Based on the foregoing, the undersigned recommends that Plaintiff's motion, ECF No. 2, for leave.to proceed in forma pauperis be denied and that this action be dismissed without 3 prejudice to…