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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VESTER L. PATTERSON, 12 Plaintiff, 13 14 15 16 17 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. 18 19 20 Plaintiff Vester L. Patterson, III is a state prisoner proceeding pro se with this civil action. 21 The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) 22 and Local Rule 302. 23 On March 2, 2017, the assigned magistrate judge entered findings and recommendations, 24 recommending plaintiff’s application to proceed in forma pauperis be denied, and plaintiff be 25 required to pay the required $400.00 filing fee to proceed with this action. (Doc. No. 4.) The 26 findings and recommendations were served on the parties and contained notice that objections 27 thereto were to be filed within thirty days. On March 27, 2017, plaintiff timely filed objections to 28 the findings and recommendations in which he argues, erroneously, that 28 U./S.C. § 1915 does 1 1 2 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 3 de novo review of the matter. Having carefully reviewed the entire file, including plaintiff’s 4 objections, the court finds that the findings and recommendations are supported by the record and 5 proper analysis. 6 Accordingly, it is hereby ordered that: 7 1. Pursuant to 28 U.S.C. § 1915(g), plaintiff’s motion to proceed in forma pauperis in 8 9 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 10 thirty (30) days of this order. Failure to pay the $400 filing fee will result in dismissal 11 of this case. 12 13 IT IS SO ORDERED. Dated: May 15, 2017 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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