Johnson v. Kernan
Filing
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 5 ; ORDER DENYING Plaintiff's Request to Proceed in Forma Pauperis 1 ; ORDER Requiring Plaintiff to Pay $400.00 Filing Fee in Full Within Thirty Days, signed by Chief Judge Lawrence J. O'Neill on 9/22/2018. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DERRICK L. JOHNSON,
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Plaintiff,
v.
SCOTT KERNAN,
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Defendant.
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Case No. 1:18-cv-00887-LJO-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF NO. 5)
ORDER DENYING PLAINTIFF’S
REQUEST TO PROCEED IN FORMA
PAUPERIS
(ECF NO. 1)
ORDER REQUIRING PLAINTIFF TO PAY
$400.00 FILING FEE IN FULL WITHIN
THIRTY DAYS
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Derrick Johnson (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights
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action filed pursuant to 42 U.S.C. § 1983.
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magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
The matter was referred to a United States
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On July 6, 2018, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations, recommending Plaintiff’s request to proceed in forma pauperis be denied
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and that Plaintiff be required to pay the $400 filing fee in full if he wants to proceed with this
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action. (ECF No. 5).
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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 to the findings
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and recommendations (he did appeal (ECF No. 7), but his appeal was dismissed (ECF Nos. 10
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& 13)).
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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 July 6,
2018, are ADOPTED IN FULL;
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2.
Plaintiff’s request to proceed in forma pauperis (ECF No. 1) is DENIED;
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3.
Plaintiff shall pay the $400 filing fee in full within thirty days from the date of
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service of this order if he wants to proceed with this action; and
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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 _____
September 22, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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