(PC) Buckley, Jr. v. Parks et al
Filing
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ORDER ADOPTING 12 FINDINGS and RECOMMENDATIONS recommending that Plaintiff's First Application to Proceed In Forma Pauperis be DENIED and His Second Application be Disregarded as Untimely; and this Action be Dismissed Without Prejudice, signed by District Judge Dale A. Drozd on 10/11/2019. CASE CLOSED(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RODNEY C. BUCKLEY, Jr.,
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Plaintiff,
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No. 1:19-cv-00682-DAD-SKO
v.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
PLAINTIFF’S REQUEST TO PROCEED IN
FORMA PAUPERIS
PARKS, et al.,
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Defendants.
(Doc. Nos. 2, 10, 12)
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Plaintiff Rodney C. Buckley, Jr., is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983 and is applying to proceed in forma pauperis. (Doc Nos. 2,
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10.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
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636(b)(1)(B) and Local Rule 302.
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On July 16, 2019, the assigned magistrate judge issued findings and recommendations,
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recommending that plaintiff’s motion to proceed in forma pauperis be denied because plaintiff
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“had over one thousand dollars at his disposal within six months of the date he filed this action”1
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but instead prioritized “purchases from the canteen and other vendors over payment of the filing
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fee.” (Doc. No. 12 at 3–4.) The findings and recommendations were served on plaintiff and
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The court notes that plaintiff’s claims accrued in 2015 but he waited until May 14, 2019 to file
this action. (Doc. No. 1.)
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contained notice that objections thereto were due within twenty-one (21) days. (Id.) No
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objections have been filed and the time in which to do so has now passed.
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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 this case. Having carefully reviewed the entire file, the court finds the findings
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and recommendations to be supported by the record and by proper analysis.
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Accordingly:
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1. The findings and recommendations filed on July 16, 2019 (Doc. No. 12) are adopted
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in full;
2. Plaintiff’s applications to proceed in forma pauperis, (Doc. Nos. 2, 10), are denied;
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and
3. This action is dismissed without prejudice to refiling with prepayment of the filing fee;
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and
4. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.
Dated:
October 11, 2019
UNITED STATES DISTRICT JUDGE
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