Buchanan v. Clark et al

Filing 36

ORDER Adopting 34 Findings and Recommendations, Graning Defendant's 27 Motion to Revoke Plaintiff's In Forma Pauperis Status, and Dismissing Plaintiff's Action, signed by District Judge Lawrence J. O'Neill on 2/13/13. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WHITTIER BUCHANAN,

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Plaintiff,

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v.
G. CLARK, et al.,

1:09-cv-02029-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
DEFENDANT’S MOTION TO REVOKE
PLAINTIFF’S IN FORMA PAUPERIS
STATUS, AND DISMISSING PLAINTIFF’S
ACTION

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Defendants.

(ECF Nos. 27 & 34)

___________________________________/

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Plaintiff Whittier Buchanan (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 27, 2012, the Magistrate Judge filed a Findings and Recommendations,

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recommending that Defendant Clark’s motion to revoke Plaintiff’s in forma pauperis status be

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granted and Plaintiff’s action be dismissed if he failed to pay the filing fee. (ECF No. 34.) Plaintiff

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has not paid the filing fee. Plaintiff has filed objections to the Findings and Recommendations.

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(ECF No. 35.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 304, this
Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the Findings and Recommendations to be supported by the record and by proper
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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed December 27, 2012, are adopted in full;

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Defendant Clark’s motion to revoke Plaintiff’s in forma pauperis status (ECF No.

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27) is GRANTED;
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3.

Plaintiff’s action is DISMISSED; and

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4.

Clerk shall CLOSE the case.

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IT IS SO ORDERED.
Dated:

February 13, 2013

/s/ Lawrence J. O'Neill

B9ed48
UNITED STATES DISTRICT JUDGE