Cueva

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KOHEN DIALLO E. UHURU, No. 2:23-cv-1321 WBS DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DANIEL E. CUEVA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, proceeds pro se with a civil rights action. Plaintiff seeks relief 18 under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act 19 (“RLUIPA”). Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF 20 No. 2) and motion for default judgment (ECF No. 10). For the reasons set forth below, the 21 undersigned will recommend the motions be denied. 22 IN FORMA PAUPERIS 23 I. In Forma Pauperis Statue 24 The Prison Litigation Reform Act of 1995 (“PLRA”) permits a federal court to authorize 25 the commencement and prosecution of any suit without prepayment of fees by a person who 26 submits an affidavit indicating that the person is unable to pay such fees. However, 27 [i]n no event shall a prisoner bring…