(PC) Buckley, Jr. v. Parks et al

Filing 13

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY C. BUCKLEY, Jr., 12 Plaintiff, 13 14 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., 15 Defendants. (Doc. Nos. 2, 10, 12) 16 17 Plaintiff Rodney C. Buckley, Jr., is a state prisoner proceeding pro se in this civil rights 18 19 action pursuant to 42 U.S.C. § 1983 and is applying to proceed in forma pauperis. (Doc Nos. 2, 20 10.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. 22 On July 16, 2019, the assigned magistrate judge issued findings and recommendations, 23 recommending that plaintiff’s motion to proceed in forma pauperis be denied because plaintiff 24 “had over one thousand dollars at his disposal within six months of the date he filed this action”1 25 but instead prioritized “purchases from the canteen and other vendors over payment of the filing 26 fee.” (Doc. No. 12 at 3–4.) The findings and recommendations were served on plaintiff and 27 28 The court notes that plaintiff’s claims accrued in 2015 but he waited until May 14, 2019 to file this action. (Doc. No. 1.) 1 1 1 contained notice that objections thereto were due within twenty-one (21) days. (Id.) No 2 objections have been filed and the time in which to do so has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 4 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 5 and recommendations to be supported by the record and by proper analysis. 6 Accordingly: 7 1. The findings and recommendations filed on July 16, 2019 (Doc. No. 12) are adopted 8 9 in full; 2. Plaintiff’s applications to proceed in forma pauperis, (Doc. Nos. 2, 10), are denied; 10 11 and 3. This action is dismissed without prejudice to refiling with prepayment of the filing fee; 12 13 14 15 and 4. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: October 11, 2019 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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