Trammell Robinson III v. Ridgecrest Superior Court

[8] 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA [11] 12 TRAMMELL GLENN ROBINSON, III, No. 1:24-cv-01106-SAB 13 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 14 v. TO THIS ACTION 15 RIDGECREST SUPERIOR COURT, FINDINGS AND RECOMMENDATION RECOMMENDING PLAINTIFF’S MOTION 16 Defendant. TO PROCEED IN FORMA PAUPERIS BE DENIED [17] (ECF Nos. 2, 10) [18] 19 Plaintiff, a prisoner proceeding pro se, filed the instant action on August 22, 2024 in the 20 United States District Court for the Central District of California against Defendants Tracy 21 Ghalliger and Ridgecrest Superior Court1 along with a motion to proceed in forma pauperis. 22 (ECF Nos. 1, 2.) The matter was transferred to this district on September 12, 2024. (ECF No. 6.) 23 Plaintiff’s prison trust statement was submitted on September 23, 2024. (ECF No. 10.) For the 24 reasons discussed herein, the Court recommends that Plaintiff’s application to proceed in forma 25 pauperis be denied. 26 / / / [27] 1 The Court construes Ridgecrest Superior Court to be referring to the Kern County Superior Court located in in 28 Ridgecrest, California. 1 I. 2 DISCUSSION 3 Title 28, United States Code, Section 1915 (a)(1) permits a plaintiff to bring a civil action 4 “without prepayment of fees or security thereof” if the plaintiff submits a financial affidavit that 5 demonstrates the plaintiff's “is unable to pay such fees or give security therefor.” A prisoner 6 seeking to bring a civil action must, in addition to filing an affidavit, “submit a certified copy of 7 the trust fund account statement ... for the 6-month period immediately preceding the filing of the 8 complaint ... obtained from the appropriate official of each prison at which the prisoner is or was 9 confined.” 28 U.S.C. § 1915 (a)(2). 10 Plaintiff has filed an application declaring that, due to his poverty, he is unable to pre-pay 11 the full amount of fees and costs for these proceedings or give security therefor, and that he 12 believes that he is entitled to the relief sought in his complaint. On September 23, 2024, the 13 Court received Plaintiff’s prison trust account statement from High Desert State Prison. (ECF 14 No. 10.) The statement provides that as of September 23, 2024, Plaintiff has $906.74 to his 15 credit. Thus, the available balance in Plaintiff’s account reflects that he can pay the $405.00 16 filing fee for this action. 17 Based on the foregoing, the information that Plaintiff has provided to the Court reflects 18 that he is financially able to pre-pay the entire filing fee to commence this action. Although the 19 Ninth Circuit Court of Appeals has held that “the filing fee ... should not take the prisoner's last 20 dollar,” Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995), in these circumstances, it appears 21 Plaintiff has sufficient funds to pre-pay the $405.00 filing fee with money left over. Should 22 Plaintiff have additional information to provide the Court—or should his available balance 23 change by the time he receives this order—he may notify the Court. However, the Court has the 24 authority to consider any reasons and circumstances for any change in Plaintiff's available assets 25 and funds. See Collier v. Tatum, 722 F.2d 653, 656 (11th Cir. 1983) (district court may consider 26 an unexplained decrease in an inmate's trust account, or whether an inmate's account has been 27 depleted intentionally to avoid court costs). Therefore, Plaintiff's motion to proceed in forma 28 pauperis must be denied. If Plaintiff wishes to proceed with this action, Plaintiff must pre-pay the 1 | $405.00 filing fee in full. 2 Il. 3 ORDER AND RECOMMENDATION 4 Based on the foregoing, it is HEREBY ORDERED that the Clerk of Court shall randomly 5 | assign a District Judge to this action. 6 Further, it is HEREBY RECOMMENDED that: 7 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied; and 8 2. Plaintiff be directed to pay the $405.00 filing fee for this action. 9 These Findings and Recommendations will be submitted to the United States District 10 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636 (b)(). Within fourteen 11 | (14) days after being served with these Findings and Recommendations, Plaintiff may file written 12 || objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 13 | Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 14 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834 , 15 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). [16] 17 IT IS SO ORDERED. DAM Le 1g | Dated: _ September 27, 2024 9 UNITED STATES MAGISTRATE JUDGE