(PC)Miller

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-cv-2104 DB Plaintiff, ORDER VACATING FINDINGS AND

RECOMMENDATIONS;

v.

ORDER TO PAY FILING FEE

MULE CREEK STATE PRISON, et al., (ECF No. 7) Defendants. 16 Plaintiff is a state prisoner proceeding pro se. On February 11, 2022, the undersigned 17 issued findings and recommendations recommending this case be dismissed because the 18 complaint contained identical allegations to an earlier-filed case, Miller v. MCSP, et al., No. 2:21- 19 cv-2002 JAM DMC. 20 In Miller v. MCSP, No. 2:21-cv-2002 JAM DMC (the “prior case”), the court determined 21 based on a review of plaintiff’s prison trust account statement that, as of November 3, 2021, 22 plaintiff had $1,994.60 in available funds, which the court then determined to be an amount 23 sufficient to pre-pay the filing fees for this action. The outcome of the prior case was a dismissal 24 without prejudice to refiling upon pre-payment of the filing fee. 25 Because the prior case was dismissed without prejudice…