Hairston v. Curliss et al
Filing
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ORDER ADOPTING 4 Findings and Recommendations to Deny Plaintiff's 2 Motion to Proceed In Papueris and REQUIRE Payment of Filing Fees In Full Within Twenty-One Days, signed by District Judge Lawrence J. O'Neill on 12/18/2014. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBEY KURT HAIRSTON,
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CASE NO. 1:14-cv-1760-LJO-MJS (PC)
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTION TO PROCEED IN
FORMA PAUPERIS AND REQUIRE
PAYMENT OF FILING FEES IN FULL
WITHIN TWENTY-ONE DAYS
v.
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R. CURLISS, et al.,
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Defendants.
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(ECF Nos. 2 & 4)
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TWENTY-ONE (21) DAY DEADLINE
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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought
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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
November
24,
2014,
the
Magistrate
Judge
issued
findings
and
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recommendations (ECF No. 4) to deny Plaintiff’s motion to proceed in forma pauperis
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(ECF No. 2) and to require Plaintiff to pay the filing fee in full. Plaintiff did not object to
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the findings and recommendations and the time for doing so has passed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304,, the Court has conducted a de novo review of this case. Having carefully reviewed
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the entire file, the Court finds the findings and recommendations to be supported by the
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record and by 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 on November
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24, 2014 (ECF No. 4), in full;
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2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED;
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3. Plaintiff shall pay the $400 filing fee in full within twenty-one days of entry
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of this order; and
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4. If Plaintiff fails to pay the $400 filing fee in full by the above deadline, all
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pending motions will be terminated and the action dismissed without
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prejudice.
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
December 18, 2014
UNITED STATES DISTRICT JUDGE
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