Adler v. Gonzalez et al

Filing 78

ORDER ADOPTING 75 Findings and Recommendations to DENY 68 Motion to Revoke Plaintiff's In Forma Pauperis and Require Plaintiff to Submit an Updated Financial Affidavit, signed by District Judge Lawrence J. O'Neill on 8/6/15. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENT ADLER,
Plaintiff,

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v.
F. GONZALEZ, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
MOTION TO REVOKE PLAINTIFF’S IN
FORMA PAUPERIS AND REQUIRE
PLAINTIFF TO SUBMIT AN UPDATED
FINANCIAL AFFIDAVIT
THIRTY (30) DAY DEADLINE

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CASE NO. 1:11-cv-1915-LJO-MJS (PC)

Plaintiff is a former state prisoner who initiated this civil rights action pro se and in
forma pauperis on November 17, 2011. (ECF No. 1.) Plaintiff has since been released

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from prison and obtained counsel. (ECF Nos. 36 & 51.) This action proceeds against
Defendants on Plaintiff’s First Amendment Free Exercise claim. (ECF Nos. 37, 38, 59,
62.)
On July 1, 2015, the Magistrate Judge issued findings and recommendations to
deny Defendants’ motion to revoke Plaintiff’s in forma pauperis status and to require
Plaintiff to submit an updated financial affidavit. (ECF No. 75.) Neither party filed
objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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

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proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1) The Court adopts the Findings and Recommendations filed July 1, 2015 (ECF
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No. 75) in full;

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2) Defendants’ motion to revoke Plaintiff’s IFP status (ECF No. 68) is DENIED;

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3) Plaintiff shall have thirty (30) days from the date of service of this order in

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which to:

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a. Submit an updated financial affidavit in accordance with 28 U.S.C. §

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1915(a)(1); or

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b. Pay his outstanding obligation on the $400 filing fee in full;

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4) Failure to submit updated financial information or pay the filing fee shall result

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in dismissal of the action without prejudice for failure to prosecute and failure

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to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 6, 2015

UNITED STATES DISTRICT JUDGE

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5)

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