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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSE DUPREE, JR.,

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Plaintiff,

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v.
SHEILA K. OBERTO, et al.,

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Defendants.

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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.)

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Plaintiff Richard Jose Dupree, Jr. is appearing pro se in this civil rights action pursuant to

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42 U.S.C. § 1983.

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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 December 23, 2016, the assigned magistrate judge filed a

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findings and recommendations recommending that plaintiff’s application to proceed in forma

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pauperis be denied, and that he be required to pay the $400 filing fee. The findings and

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recommendations were served on the parties and contained notice that any objections thereto

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were to be filed within thirty days. Over thirty days have passed and no objections have been

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filed.

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

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Based on the foregoing:

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1. The December 23, 2016 findings and recommendations (Doc. No. 9) are adopted in

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full;

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2. Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is denied;

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3. Within thirty days from the date of service of this order, plaintiff shall pay the $400

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filing fee; and
4. Any failure on plaintiff’s part to pay the required filing fee within the time provided

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by this order will result in the dismissal of this action
IT IS SO ORDERED.
Dated:

April 17, 2017
UNITED STATES DISTRICT JUDGE

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