Rodriguez v. Office of the President of the United States, Barack Hussein Obama

Filing 5

ORDER ADOPTING 3 FINDINGS AND RECOMMENDATIONS to Deny Leave to 2 Proceed In Forma Pauperis and Directing Plaintiff to Pay Filing Fee in Full within Twenty-One Days signed by Chief Judge Lawrence J. O'Neill on 05/25/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERT RODRIGUEZ, 12 Plaintiff, 13 14 v. 15 THE OFFICE OF THE PRESIDENT OF THE UNITED STATES BARACK HUSSEIN OBAMA, et al., 16 Case No. 1:16-cv-01623-LJO-MJS ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECT PLAINTIFF TO PAY FILING FEE IN FULL WITHIN TWENTYONE DAYS Defendants. 17 18 (ECF No. 3) TWENTY-ONE (21) DAY DEADLINE Plaintiff is a proceeds pro se in this civil rights action. The matter was referred to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On May 5, 2017, the Magistrate Judge issued findings and recommendations to 22 deny Plaintiff leave to proceed in forma pauperis (“IFP”) on the grounds that his lawsuit 23 was frivolous within the meaning of 28 § 1915(e)(2) and direct Plaintiff to pay the filing 24 fee before he could proceed. (ECF No. 3.) Plaintiff was granted fourteen days to file his 25 objections. Plaintiff’s objections were filed on May 18, 2017. (ECF No. 4.) 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 27 304, the Court has conducted a de novo review of this case. Having carefully reviewed 28 1 the entire file, the Court finds the findings and recommendations to be supported by the 2 record and by proper analysis and adopts them in full. The Court has considered 3 Plaintiff’s objections and finds them to lack merit. 4 Accordingly, it is HEREBY ORDERED that: 5 1. The May 5, 2017 findings and recommendations (ECF No. 3) are ADOPTED in full; 6 7 2. Plaintiff’s request to proceed IFP (ECF No. 2) is DENIED; 8 3. Plaintiff is DIRECTED to pay the $400 filing fee in full within twenty-one (21) days of the date of this order; 9 10 4. Failure to pay the filing fee in full will result in dismissal of this action. 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 25, 2017 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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