Fresquez v. Wofford et al

Filing 25

ORDER signed by Judge Oliver W. Wanger on 4/17/2009 ADOPTING 24 Findings and Recommendations; REVOKING Plaintiffs IFP Statusl; VACATING 8 Order and ORDERING Plaintiff to pay filing fee of $350.00 in full. ( Filing Fee deadline: 5/20/2009). (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Louis Richard Fresquez ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. On March 6, 2009, findings and recommendations were entered, recommending that plaintiff's in forma pauperis status be revoked under 28 U.S.C. § 1915(g) for bringing, on three prior occasions, civil actions at this court challenging his conditions of confinement which were dismissed on the ground they failed to state a claim upon which relief may be granted. Plaintiff was provided an opportunity to file objections to the findings and recommendations within thirty days. To date, plaintiff has not filed objections or otherwise responded to the findings and recommendations. 1 Defendants. _____________________________/ ORDER FOR PLAINTIFF TO PAY FILING FEE IN FULL WITHIN THIRTY DAYS vs. J. WOFFORD, et al., LOUIS RICHARD FRESQUEZ, Plaintiff, 1:06-cv-01331-OWW-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 24.) ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS AND VACATING COURT'S ORDER OF OCTOBER 5, 2006 (Doc. 8.) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73305, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on March 6, 2009, are ADOPTED in full; 2. 3. Plaintiff's in forma pauperis status is REVOKED; The court's order of October 5, 2006,which granted plaintiff leave to proceed in forma pauperis, is VACATED; 4. Plaintiff is required to pay the $350 filing fee for this action in full within thirty days from the date of service of this order; and 5. Plaintiff's failure to comply with this order will result in the dismissal of this action. IT IS SO ORDERED. Dated: April 17, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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