Gonzales v. Rutledge et al

Filing 8

ORDER ADOPTING 4 Findings and Recommendations Recommending That Plaintiff's 2 Application to Proceed Without Prepaying Fees Or Costs be Denied; ORDER DIRECTING Plaintiff to Pay the Filing Fee in Full to Proceed With This Action Within Thirty Days, signed by Chief Judge Lawrence J. O'Neill on 5/1/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERARDO GONZALES,

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Plaintiff,
v.
BILL RUTLEDGE, et al.,

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Defendants.

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Case No.: 1:17-cv-00387-LJO-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
THAT PLAINTIFF’S APPLICATION TO
PROCEED WITHOUT PREPAYING FEES OR
COSTS BE DENIED
(Docs. 2, 4)
ORDER DIRECTING PLAINTIFF TO PAY THE
FILING FEE IN FULL TO PROCEED WITH THIS
ACTION WITHIN THIRTY (30) DAYS

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Plaintiff Gerardo Gonzales (“Plaintiff”), proceeding pro se, initiated this civil action on March

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16, 2017. Plaintiff also sought leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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(Doc. 2.)

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On April 20, 2016, the assigned Magistrate Judge issued findings and recommendations

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recommending that Plaintiff’s application to proceed without prepaying fees or costs be denied. The

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findings and recommendations were served on Plaintiff and contained notice that any objections were

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to be filed within fourteen (14) days. (Doc. 4.) Plaintiff filed objections on April 26, 2016. (Doc. 7.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections,

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the Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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In his objections, Plaintiff clarifies that he receives the following amounts each month: (1)

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$1,948.00 in Social Security payments; (2) $1,378.00 from a pension; and (3) $1,080.00 in Worker’s

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Compensation payments. Additionally, he clarifies that his housing payment of $1,678.59 and his

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consolidation loan of $640.00 would be deducted at the end of the month from the $3,490.00 balance

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in his checking account. (Doc. 7.) Following this deduction, Plaintiff would have $1171.41 in his

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checking account at the end of the month, and would again receive payments from Social Security, his

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pension and Worker’s Compensation. Given this information, the Court cannot conclude that Plaintiff

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is unable to pay the fees for this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations issued on April 6, 2017, are adopted in full;

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2.

Plaintiff’s application to proceed without prepayment of fees and costs (ECF No. 2) is
denied;

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3.

this action; and

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Within thirty (30) days, Plaintiff shall pay the $400.00 filing fee in full to proceed with

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If Plaintiff fails to comply with this order, this action will be dismissed for failure to
comply with a court order and failure to prosecute this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 1, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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