Whitfield v. County of Fresno et al

Filing 5

ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS Regarding Denial of Plaintiff's 2 Motion to Proceed IFP signed by District Judge Anthony W. Ishii on 09/25/2017. Twenty-One Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL WHITFIELD,

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Plaintiff,
v.

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

COUNTY OF FRESNO, et al.,

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Case No. 1:17-cv-01155-AWI-BAM (PC)

Defendants.

(ECF Nos. 2, 4)
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Michael Whitfield (“Plaintiff”) is a pretrial detainee proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 28, 2017.

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(ECF No. 1.)

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On September 1, 2017, the assigned Magistrate Judge issued Findings and

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

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Plaintiff be required to pay the $400.00 filing fee in full to proceed with this action. (ECF No. 4.)

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Those Findings and Recommendations were served on Plaintiff and contained notice that any

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objections thereto were to be filed within fourteen (14) days after service. (Id. at 2.) No

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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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are adopted in full;
2.

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The Findings and Recommendations (ECF No. 4) issued on September 1, 2017,

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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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: September 25, 2017
SENIOR DISTRICT JUDGE

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