Winkler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCELINO CLEMENTE, Case No. 2:23-cv-00062-JDP (PC) Plaintiff, ORDER THAT PLAINTIFF SHOW CAUSE

WHY HIS APPLICATION TO PROCEED

v. IN FORMA PAUPERIS SHOULD NOT BE

DENIED AND HE BE DIRECTED TO PAY

WINKLER, et al., THE ENTIRE FILING FEE Defendants. ECF No. 2 16 17 18 19 20 Plaintiff, a state prisoner, brings this § 1983 action and, concurrently, has applied to proceed in forma pauperis, ECF No. 2. I have reviewed his prison trust fund account statement, ECF No. 5, and it appears that he has sufficient funds to cover the filing fee. His account statement indicates that he has an available balance of $9,825, an amount that is more than sufficient to cover the $402 filing fee. And, given that plaintiff is a prisoner, his necessities of life, including food and housing, are provided by the state. Before recommending that plaintiff’s application be denied, I will give him an opportunity to respond to this…