Patterson v. California Correctional Health Care Services et al

Filing 6

ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS; Denying Plaintiff's 2 Motion to Proceed IFP and Requiring Plaintiff to Pay Filing Fee in Full signed by District Judge Dale A. Drozd on 05/15/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VESTER L. PATTERSON,

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Plaintiff,

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v.
CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES and
CALIFORNIA DEPARTMENT OF
CORRECTION AND
REHABILITATION,

No. 1:17-cv-00224-DAD-EPG

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
PLAINTIFF’S APPLICATION TO PROCEED
IN FORMA PAUPERIS UNDER 28 U.S.C.
§ 1915(g), AND REQUIRING PLAINTIFF TO
PAY FILING FEE IN FULL
(Doc Nos. 2, 4, 5)

Defendants.

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Plaintiff Vester L. Patterson, III is a state prisoner proceeding pro se with this civil action.

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The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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On March 2, 2017, the assigned magistrate judge entered findings and recommendations,

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recommending plaintiff’s application to proceed in forma pauperis be denied, and plaintiff be

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required to pay the required $400.00 filing fee to proceed with this action. (Doc. No. 4.) The

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findings and recommendations were served on the parties and contained notice that objections

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thereto were to be filed within thirty days. On March 27, 2017, plaintiff timely filed objections to

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the findings and recommendations in which he argues, erroneously, that 28 U./S.C. § 1915 does
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not apply to this civil rights action. (Doc. No. 5.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the matter. Having carefully reviewed the entire file, including plaintiff’s

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objections, the court finds that the findings and recommendations are supported by the record and

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proper analysis.

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Accordingly, it is hereby ordered that:

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1. Pursuant to 28 U.S.C. § 1915(g), plaintiff’s motion to proceed in forma pauperis in

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this action (Doc. No. 2) is denied; and
2. In order to proceed with this action, plaintiff shall pay the $400.00 filing fee within

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thirty (30) days of this order. Failure to pay the $400 filing fee will result in dismissal

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of this case.

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IT IS SO ORDERED.
Dated:

May 15, 2017
UNITED STATES DISTRICT JUDGE

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