Osmon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL ROY SMITH, No. 2:22-CV-1637-WBS-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS OSMON, 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 September 8, 2022, Plaintiff had $1,810.60 in available funds, which is an amount sufficient to pre-pay the filing fees for this action. See ECF No. 2. When in forma pauperis status is denied, revoked, or otherwise unavailable under § 1915(g), the proper course of action is to dismiss the action without prejudice to re-filing the action upon pre-payment of fees at the time the action is…