(PC)Hill
(PC)Hill v. Ehelers
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON V. HILL, No. 2:22-cv-01468-TLN-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS EHELERS, et al., Defendants. 16 Plaintiff is a civil detainee proceeding without counsel in an action brought under 42 U.S.C. § 1983 and filed on July 20, 2022. ECF No. 1-1 at 2. He has filed an in forma pauperis application in which he states that he has no cash. ECF No. 2 at 2. However, his inmate trust account statement reflects that as of July 1, 2022, he had a balance of $5328.29. ECF No. 4 at 2. The court may authorize the commencement of an action “without prepayment of fees or security therefor” by an individual who submits an application evidencing an inability to pay such fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff’s claim of inability to pay the filing fee in his application before the court is contradicted by his inmate trust account statement. It will therefore be recommended that the…