Tolbert v. Foxx
Filing
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ORDER signed by Judge Kimberly J. Mueller on 2/11/15 ADOPTING IN FULL 6 Findings and Recommendations; DENYING 2 Motion to Proceed IFP. Plaintiff shall pay the filing fee of $400.00 within 30 days of the date of entry of this Order; and failure to comply with this Order will result in the dismissal of this action for failure to obey a court order and failure to prosecute. (Meuleman, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:14-cv-01577-KJM-GSA (PS)
OTIS TOLBERT,
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Plaintiff,
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ORDER
v.
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ANTHONY FOXX, Secretary of
Transportation,
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Defendant.
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On October 8, 2014, Plaintiff Otis Tolbert (“Plaintiff”) filed a civil complaint, as well as a
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motion to proceed in forma pauperis. Docs. 1, 2. On January 4, 2015, the Magistrate Judge
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issued Findings and Recommendations recommending that the motion be denied. Doc. 6. The
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Findings and Recommendations were served on plaintiff with instructions that any objections be
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filed within fifteen (15) days. To date, no objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, the court finds that the
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Findings and Recommendations are supported by the record and proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
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1) The Findings and Recommendations dated January 4, 2015 (Doc. 6) are
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ADOPTED IN FULL;
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2) The motion to proceed in forma pauperis filed by the Plaintiff on October 8, 2014
is DENIED;
3) Plaintiff shall pay the filing fee of $ 400.00 within thirty (30) days of the date of
entry of this Order; and,
4) Failure to comply with this Order will result in the dismissal of this action for
failure to obey a court order and failure to prosecute.
DATED: February 11, 2015.
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UNITED STATES DISTRICT JUDGE
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