Manago v. Beard et al

Filing 5

ORDER ADOPTING 3 FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF'S 2 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PLAINTIFF TO PAY $400.00 FILING FEE WITHIN THIRTY DAYS OR THE ACTION WILL BE DISMISSED signed by District Judge Lawrence J. O'Neill on 3/30/2016. (Filing Deadline: 5/2/2016). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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v.
JEFFREY A. BEARD, et al.,

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Defendants.

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Case No.: 1:16-cv-00293-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING PLAINTIFF’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS, AND DIRECTING PLAINTIFF TO
PAY $400.00 FILING FEE WITHIN THIRTY
DAYS OR THE ACTION WILL BE DISMISSED
[ECF Nos. 2, 3]

Plaintiff Stewart Manago is proceeding pro se in this civil rights action pursuant to 42 U.S.C. §

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1983 filed on March 3, 2016.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On March 9, 2016, the Magistrate Judge filed a Findings and

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Recommendations which was served on Plaintiff and contained notice that objections to the Findings

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and Recommendations were to be filed within thirty days. Plaintiff filed objections on March 28,

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2016.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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presented in support of his objections are the same argument he presented in support of his application

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to proceed in forma pauperis which the magistrate judge clearly addressed in the Findings and
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Plaintiff’s arguments

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Recommendations. As the Findings and Recommendations fully and properly addresses Plaintiff’s

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arguments, the Court hereby adopts the Findings and Recommendations in its entirety

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed on March 9, 2016, is adopted in full; and

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2.

Plaintiff’s application to proceed in forma pauperis is DENIED; and

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3.

Plaintiff must pay the $400.00 filing within thirty days from the date of service of this
order or the action will be dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 30, 2016

UNITED STATES DISTRICT JUDGE

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