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-2001 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
J. THOMAS, et al., Defendants.
17 Plaintiff, a state prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. On February 11, 2022, the court reviewed an affidavit in support of plaintiff’s motion to proceed in forma pauperis and found that plaintiff’s prison trust account statement reflected that he had $2,000.60 in available funds as of October 22, 2021, an amount sufficient to pre-pay the filing fees for this action. (ECF No. 5 at 1.) The court determined plaintiff had not made an adequate showing of indigency under 28 U.S.C. § 1915(a) to support his application to proceed in forma pauperis. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); Alexander v. Carson Adult High Sch., 9 F.3d 1448, 1449 (9th Cir. 1993). In the court’s February 11, 2022 order, plaintiff was granted twenty (20) days…