Bowell v. Montoya et al

Filing 42

ORDER ADOPTING 39 FINDINGS AND RECOMMENDATIONS; ORDER Granting Defendants' 24 Motion to Revoke Plaintiff's In Forma Pauperis Status; ORDER Revoking Plaintiff's In Forma Pauperis and Requiring Plaintiff to Pay $398.00 Balance of Filing Fee in Full within Thirty Days signed by Chief Judge Lawrence J. O'Neill on 05/01/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES BOWELL,
Plaintiff,

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vs.
F. MONTOYA, et al.,
Defendants.

1:17-cv-00605-LJO-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 39.)
ORDER GRANTING DEFENDANTS’
MOTION TO REVOKE PLAINTIFF’S IN
FORMA PAUPERIS STATUS
(ECF NO. 24.)
ORDER REVOKING PLAINTIFF’S IN
FORMA PAUPERIS STATUS AND
REQUIRING PLAINTIFF TO PAY $398.00
BALANCE OF FILING FEE IN FULL
WITHIN THIRTY DAYS
ORDER VACATING ORDER GRANTING
PLAINTIFF LEAVE TO PROCEED IN
FORMA PAUPERIS AND DIRECTING
PAYMENT OF FILING FEE BY THE
CDCR
(ECF No. 9.)
THIRTY-DAY DEADLINE FOR
PLAINTIFF TO PAY $398.00 BALANCE
OF FILING FEE IN FULL
ORDER FOR CLERK TO SERVE THIS
ORDER ON COURT’S FINANCIAL
DEPARTMENT AND DIRECTOR OF
CDCR

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James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 12, 2019, findings and recommendations were entered, recommending that

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Plaintiff’s in forma pauperis status be revoked under 28 U.S.C. § 1915(g) and Plaintiff be

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required to pay the filing fee in full for this action.1 (ECF No. 39.) On April 19, 2019, Plaintiff

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filed objections to the findings and recommendations. (ECF No. 40.) On April 29, 2019,

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Defendants filed a reply to Plaintiff’s objections. (ECF No. 41.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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including Plaintiff’s objections and Defendants’ reply, the court finds the findings and

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recommendations to be supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations entered on April 12, 2019, are ADOPTED IN
FULL;

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2.

Plaintiff’s in forma pauperis status is REVOKED under 28 U.S.C. § 1915(g);

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3.

The court’s order issued on May 16, 2017, granting Plaintiff’s application to

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proceed in forma pauperis and directing payment of the filing fee by the CDCR,

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is VACATED;

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4.

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the $398.00 balance of the filing fee in full for this action;

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5.

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Plaintiff’s failure to comply with this order shall result in the dismissal of this
action; and

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6.

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The Clerk of Court is directed to serve a copy of this order on:
(1)

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Within thirty days of the date of service of this order, Plaintiff is required to pay

the Financial Department, U.S. District Court, Eastern District of
California; and

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To date, the court has received one payment of $2.00 for Plaintiff’s filing fee in this case. (Court
Financial Records.) The filing fee for this action is $350.00 plus a $50.00 administrative fee. 28 U.S.C. § 1914.
The $50.00 administrative fee does not apply to persons granted in forma pauperis status. Id. Because Plaintiff’s
in forma pauperis status has been revoked, Plaintiff now owes a balance of $398.00 for the filing fee.
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(2)

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the Director of the California Department of Corrections and
Rehabilitation.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 1, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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