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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GILBERT RODRIGUEZ,

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Plaintiff,

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v.

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THE OFFICE OF THE PRESIDENT OF
THE UNITED STATES BARACK
HUSSEIN OBAMA, et al.,

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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.

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(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.
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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.)
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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
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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.
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Accordingly, it is HEREBY ORDERED that:

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1. The May 5, 2017 findings and recommendations (ECF No. 3) are ADOPTED
in full;

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2. Plaintiff’s request to proceed IFP (ECF No. 2) is DENIED;

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3. Plaintiff is DIRECTED to pay the $400 filing fee in full within twenty-one (21)
days of the date of this order;

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4. Failure to pay the filing fee in full will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 25, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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