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Charles James Chatman v. David M. Medina

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 24, 2011

CHARLES JAMES CHATMAN,
PLAINTIFF,
v.
DAVID M. MEDINA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

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 request for leave to proceed in forma pauperis (Doc. 3). Plaintiff's complaint will be addressed separately.

Plaintiff's application does not make the showing required by 28 U.S.C. § 1915(a). Specifically, plaintiff cannot demonstrate that he is unable to pre-pay the $350.00 filing fee because he has $9,195.39 in his prison trust account.

Based on the foregoing, the undersigned recommends that plaintiff's application for leave to proceed in forma pauperis (Doc. 3) be denied.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. Responses to objections shall be filed within 14 days after service of objections. Failure to file objections within the specified time may waive the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20110324

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