Dupree v. Oberto et al

Filing 10

ORDER ADOPTING 9 Findings and Recommendations, DENYING 2 Application to Proceed In Forma Pauperis, and DIRECTING Plaintiff to Pay the $400 Filing Fee Within Thirty Days From the Date of Service of This Order, signed by District Judge Dale A. Drozd on 4/17/17. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JOSE DUPREE, JR., 12 Plaintiff, 13 14 v. SHEILA K. OBERTO, et al., 15 Defendants. 16 No. 1:16-cv-01904-DAD-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING PLAINTIFF TO PAY THE $400 FILING FEE WITHIN THIRTY DAYS FROM THE DATE OF SERVICE OF THIS ORDER (Doc. Nos. 2, 9.) 17 Plaintiff Richard Jose Dupree, Jr. is appearing pro se in this civil rights action pursuant to 18 19 42 U.S.C. § 1983. 20 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 21 § 636(b)(1)(B) and Local Rule 302. On December 23, 2016, the assigned magistrate judge filed a 22 findings and recommendations recommending that plaintiff’s application to proceed in forma 23 pauperis be denied, and that he be required to pay the $400 filing fee. The findings and 24 recommendations were served on the parties and contained notice that any objections thereto 25 were to be filed within thirty days. Over thirty days have passed and no objections have been 26 filed. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 1 1 and recommendations to be supported by the record and by proper analysis. 2 Based on the foregoing: 3 1. The December 23, 2016 findings and recommendations (Doc. No. 9) are adopted in 4 full; 5 2. Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is denied; 6 3. Within thirty days from the date of service of this order, plaintiff shall pay the $400 7 8 filing fee; and 4. Any failure on plaintiff’s part to pay the required filing fee within the time provided 9 10 11 by this order will result in the dismissal of this action IT IS SO ORDERED. Dated: April 17, 2017 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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