Jeff Walker v. Robles et al

Filing 10

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS; Denying Plaintiff's 2 Motion to Proceed In Forma Pauperis; and Ordering Plaintiff to Pay the Filing Fee in Full signed by District Judge Anthony W. Ishii on 08/01/2017. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 Case No. 1:16-cv-01886-AWI-JLT (PC) 11 JEFF WALKER, Plaintiff, 12 13 v. 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS; AND ORDERING PLAINTIFF TO PAY THE FILING FEE IN FULL ROBLES, et al., (Docs. 2, 7, 8, 9) 15 Defendants. 21-DAY DEADLINE 16 17 18 19 Plaintiff filed a motion to proceed in forma pauperis along with this civil rights action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 20 On June 12, 2017, the Magistrate Judge issued Findings and Recommendations to deny 21 Plaintiff’s application to proceed in forma pauperis based on his untrue poverty allegation. (Doc. 22 9.) The Findings and Recommendations were served on Plaintiff on that same date and allowed 23 for objections to be filed within twenty-one days. (Id.) More than a month has now lapsed and 24 Plaintiff has not filed any objections. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 26 27 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. in full; 3 4 2. 3. 9 within twenty-one days of the date of service of this order, Plaintiff is required to pay in full the $400.00 filing fee for this action; and 7 8 Plaintiff’s application to proceed in forma pauperis, filed on December 19, 2016 (Doc. 2), is DENIED; 5 6 the Findings and Recommendations, issued on June 12, 2017 (Doc. 9), are adopted 4. Plaintiff’s failure to comply with this order shall result in the dismissal of this action without prejudice. 10 IT IS SO ORDERED. 11 12 Dated: August 1, 2017 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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