Bower v. Foster Farms

Filing 23

ORDER signed by Judge Garland E. Burrell, Jr. on 4/15/2015 ORDERING that the 12 Findings and Recommendations are ADOPTED IN FULL. Plaintiff's 2 application to proceed in forma pauperis in this action is DENIED. Within twenty-one days from the date of service of this order, Plaintiff shall pay the $400.00 filing fee in full. Failure to pay the filing fee in compliance with this order will result in this action being dismissed for failure to pay the filing fee. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARON BOWER,
Plaintiff,

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Case No. 1:15-cv-00079-GEB-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
GRANTING EXTENSION OF TIME TO
PAY FILING FEE

v.
FOSTER FARMS,
Defendant.

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(ECF Nos. 12, 22)
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TWENTY-ONE DAY DEADLINE
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Plaintiff Baron Bower (“Plaintiff”), appearing pro se in this action, filed the complaint in

19 this action on January 16, 2015. (ECF No. 1.) The matter was referred to a United States
20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (ECF No. 13.)
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On March 11, 2015, a findings and recommendations issued recommending denying

22 Plaintiff’s application to proceed in form pauperis. (ECF No. 12.) Plaintiff was directed to file
23 objections to the findings and recommendations or pay the filing fee within fourteen days.
24 Plaintiff filed a motion for an extension of time to pay the filing fee. (ECF No. 18.) On March
25 23, 2015, Plaintiff was granted an extension of time to pay the filing fee. (ECF No. 19.) On
26 April 6, 2015, Plaintiff was granted a second extension of time to pay the filing. (ECF No. 21.)
27 On April 13, 2015, Plaintiff requested a third extension of time to pay the filing fee in this action.
28 (ECF No. 22.)

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The Court shall grant Plaintiff one final extension of time to pay the filing fee. If

2 Plaintiff fails to pay the filing fee in compliance with this order, this action will be dismissed
3 without further notice for failure to pay the filing fee.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

5 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
6 findings and recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations, filed March 11, 2015, is adopted in full;

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Plaintiff’s application to proceed in forma pauperis in this action is denied;

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3.

Within twenty-one days from the date of service of this order, Plaintiff shall pay
the $400.00 filing fee in full; and

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4.

Failure to pay the filing fee in compliance with this order will result in this action
being dismissed for failure to pay the filing fee.

14 Dated: April 15, 2015
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