Robertson v. Garcia et al.

Filing 9

ORDER adopting 8 FINDINGS AND RECOMMENDATIONS; denying 7 Motion to Proceed IFP and directing Plaintiff to submit filing fee signed by District Judge Dale A. Drozd on 12/4/2017. (Filing Fee of $400.00 due within 21-Days).(Lundstrom, T)

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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 WAYNE JEROME ROBERTSON, 12 13 14 15 16 No. 1:17-cv-01022-DAD-BAM Plaintiff, v. D. GARCIA and B. JONES, Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING MOTION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING PLAINTIFF TO SUBMIT FILING FEE (Doc. Nos. 7, 8) 17 18 Plaintiff Wayne Jerome Robertson is an inmate proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of this court. 21 On September 18, 2017, the assigned magistrate judge issued findings and 22 recommendations recommending that plaintiff’s application to proceed in forma pauperis be 23 denied and that plaintiff be required to pay the $400.00 filing fee in full to proceed with this 24 action. (Doc. No. 8.) Those findings and recommendations were served on plaintiff and 25 contained notice that any objections thereto were to be filed within fourteen days after service. 26 (Id. at 2.) No objections were filed, and the time in which to do so has now passed. 27 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has conducted a de novo review of the case. Having carefully reviewed the entire file, the 1 1 undersigned concludes the findings and recommendations are supported by the record and by 2 proper analysis. 3 4 5 For these reasons: 1. The findings and recommendations issued on September 18, 2017 (Doc. No. 8) are adopted in full; 6 2. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 7) is denied; and 7 3. Plaintiff is directed to pay the $400.00 filing fee within twenty-one (21) days of service of 8 this order. If plaintiff fails to pay the full filing fee as required within the specified in this 9 order, this action will be dismissed; and 10 11 12 13 4. The matter is referred back to the assigned magistrate judge for further proceedings consistent with this order. IT IS SO ORDERED. Dated: December 4, 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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