Shepard v. Podsakoff et al

Filing 7

ORDER ADOPTING 5 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 2 Plaintiff's Motion to Proceed IFP; and ORDER Directing Plaintiff to Pay to $400.00 Filing Fee in Full Within Twenty-One (21) Days signed by District Judge Anthony W. Ishii on 8/8/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DENIAL OF PLAINTIFF’S MOTION TO
PROCEED IN FORMA PAUPERIS

M. PODSAKOFF, et al.,
(ECF No. 2)

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Defendants.
TWENTY-ONE (21) DAY DEADLINE

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Case No. 1:17-cv-00754-AWI-BAM (PC)

Plaintiff Lamont Shepard (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action was initiated on June 2, 2017. (ECF No.

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1.) Plaintiff has consented to the jurisdiction of the United States Magistrate Judge pursuant to 28

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U.S.C. § 636(c). (ECF No. 6.)

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On June 7, 2017, the assigned Magistrate Judge issued Findings and Recommendations

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that Plaintiff’s application to proceed in forma pauperis be denied and that Plaintiff be required to

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pay the $400.00 filing fee in full to proceed with this action. (ECF No. 5.) Those Findings and

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Recommendations were served on Plaintiff and contained notice that any objections thereto were

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to be filed within thirty (30) days after service. (Id. at 3.) No objections were filed.

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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 case. Having carefully reviewed the entire file, the Court concludes that

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the Magistrate Judge’s Findings and Recommendations are supported by the record and proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations (ECF No. 3) issued on June 7, 2017, are
adopted in full;

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2.

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In accordance with 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma
pauperis (ECF No. 2) is denied; and

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3.

Within twenty-one (21) days following the date of service of this order, Plaintiff

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shall pay the $400.00 filing fee in full to proceed with this action. If Plaintiff fails

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to pay the filing fee within the specified time, this action will be dismissed without

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further notice.

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IT IS SO ORDERED.
Dated: August 8, 2017
SENIOR DISTRICT JUDGE
.

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