Hartwick

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE DONELL PERKINS, No. 2: 22-cv-2055 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 F. HARTWICK, 15 Defendant. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action. Pending 18 before the court is plaintiff’s “request to proceed under in forma pauperis previously granted.” 19 (ECF No. 1 at 7.) Plaintiff contends that he should not be required to pay another filing fee for 20 this action raising claims that were previously dismissed based on his failure to exhaust 21 administrative remedies.1 (Id.) For the reasons stated herein, the undersigned recommends that 22 plaintiff’s request be denied. 23 Plaintiff filed his complaint on November 15, 2022. (Id.) The only named defendant is 24 Correctional Officer Hartwick. (Id. at 2.) Plaintiff alleges that on December 7, 2017, defendant 25

1 Prisoners granted in forma pauperis status are assessed an initial partial filing fee of 20 percent 26 of the…