Lipsey

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FANCY MOORE LIPSEY, Case No. 1:23-cv-00976-ADA-SAB

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY

v. PLAINTIFF’S APPLICATION TO PROCEED

IN FORMA PAUPERIS AND REQUIRE

STATE OF CALIFORNIA, et al, PLAINTIFF TO PAY THE FILING FEE

Defendants. (ECF Nos. 3, 6, 8)

16 17 18 19 Plaintiff Fancy Moore Lipsey (“Plaintiff”), a state prisoner proceeding with counsel, initiated this civil rights action on June 29, 2023. (ECF No. 1.) Plaintiff did not pay the filing fee and instead filed an application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (ECF Nos. 3, 6.) On July 7, 2023, the Magistrate Judge issued findings and recommendations recommending Plaintiff’s application to proceed IFP be denied, on the basis that Plaintiff has $20,083.79 in the prison trust account, and that Plaintiff be required to pay the filing fee or face dismissal of the action. (ECF No. 8.) The…