Hoffmann v. Sherman et al

Filing 11

ORDER Adopting 10 FINDINGS AND RECOMMENDATIONS; ORDER VACATING 9 Order Granting Plaintiff's Application to Proceed In Forma Pauperis and REVOKING Plaintiff's In Forma Pauperis Status; ORDER REQUIRING Plaintiff to PAY $400.00 Filing Fee in Full within Thirty Days signed by Chief Judge Lawrence J. O'Neill on 5/15/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KASEY F. HOFFMANN,

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Plaintiff,
v.
STU SHERMAN, et al.,

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Defendants.

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Case No. 1:18-cv-00195-LJO-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF NOS. 2, 9, & 10)
ORDER VACATING ORDER GRANTING
PLAINTIFF’S APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
REVOKING PLAINTIFF’S IN FORMA
PAUPERIS STATUS
(ECF NOS. 2 & 9)
ORDER REQUIRING PLAINTIFF TO PAY
$400.00 FILING FEE IN FULL WITHIN
THIRTY DAYS

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Kasey Hoffmann (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was

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referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.

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On March 27, 2018, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that the order granting Plaintiff’s application to proceed in

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forma pauperis (ECF No. 9) be vacated, that Plaintiff’s in forma pauperis status in this action

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be revoked, and that Plaintiff be required to pay the $400 filing fee in full if he wants to

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proceed with this action. (ECF No. 10).

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Plaintiff was given an opportunity to object to the findings and recommendations. The

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deadline for filing objections has passed, and Plaintiff has not filed objections or otherwise
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responded to the findings and recommendations.

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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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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, IT IS ORDERED that:

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1.

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The findings and recommendations issued by the magistrate judge on March 27,
2018, are ADOPTED IN FULL;

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The order granting Plaintiff’s application to proceed in forma pauperis (ECF No.

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9) is VACATED and Plaintiff’s in forma pauperis status in this action is

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REVOKED;

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3.

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Plaintiff shall pay the $400 filing fee in full within thirty days from the date of
service of this order if he wants to proceed with this action; and

4.

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Failure to pay the filing fee within thirty days from the date of service of this
order will result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 15, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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