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)

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