Larson v. Doe, et al.

Filing 25

ORDER ADOPTING in FULL the FINDINGS and RECOMMENDATIONS 17 and DENYING Plaintiff's Request for Leave to Proceed in Forma Pauperis, signed by Chief Judge Anthony W. Ishii on 4/17/09: Plaintiff is ORDERED to submit the $350.00 filing fee within fifteen (15) days; and If Plaintiff fails to pay said filing fee in full within fifteen (15) days, this action shall be dismissed, without prejudice. (Filing Fee Deadline: 5/8/2009)(Hellings, J)

1 2 3 4 5 6 7 8 9 HARVEY EUGENE LARSON, 10 Plaintiff, 11 v. 12 JOHN DOE, et al., 13 Defendants. 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28
On March 19, 2009, Plaintiff filed a N o t ic e of Appeal of this court's order vacating an order granting Plaintiff le a v e to proceed in forma pauperis. (Docs. 18, 20). "W h e n a Notice of Appeal is defective in that it refers to a n o n -a p p e a la b l e interlocutory order, it does not transfer jurisdiction to the appellate court, and so the ordinary rule that th e district court cannot act until the mandate has issued on the appeal does not apply." Nascimento v. Dummer, 508 F . 3 d 905, 908 (9th Cir. 2007). Because no appeal lies from an order vacating a previous order, this action shall proceed d e s p i t e the filing of the March 19, 2009 Notice of Appeal.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:08-cv-00998-AWI-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF'S REQUEST FOR LEAVE TO PROCEED IN FORMA PAUPERIS (Doc. 17).

Plaintiff Harvey Eugene Larson ("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 February 18, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within fifteen days. Plaintiff filed an Objection to the Findings and Recommendations on March 6, 2009.1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings

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and Recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. 2. The Findings and Recommendations, filed February 18, 2009 is adopted in full; Pursuant to 28 U.S.C. § 1915(g), Plaintiff is denied leave to proceed in forma pauperis; 3. Plaintiff is ordered to submit the $350.00 filing fee in full within fifteen (15) days; and 4. If Plaintiff fails to pay the $350.00 filing fee in full within fifteen (15) days, this action shall be dismissed, without prejudice.

IT IS SO ORDERED. Dated: 0m8i78 April 17, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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