(PC) Garcia v. Diaz et al

Filing 11

ORDER ADOPTING 8 Findings and Recommendations and DENYING Plaintiff's 2 Motion to Proceed IFP signed by District Judge Dale A. Drozd on 11/20/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES GREGORY GARCIA,

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No. 1:20-cv-00669-DAD-JLT (PC)

Plaintiff,
v.
RALPH M. DIAZ, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION TO PROCEED IN
FORMA PAUPERIS

Defendants.
(Doc. Nos. 2, 8)

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Plaintiff James Gregory Garcia is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On May 14, 2020, the assigned magistrate judge issued findings and recommendations
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recommending that plaintiff’s application to proceed in forma pauperis be denied and that

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plaintiff be required to pay the required $400.00 filing fee in full to proceed with this action,
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having concluded that plaintiff possessed sufficient funds in his inmate account for the six months
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preceding the filed motion. (Doc. No. 8.) Those findings and recommendations were served on
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plaintiff and contained notice that any objections thereto were to be filed within fourteen (14)
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days from the date of service. (Id. at 2.) To date, no objections to the pending findings and
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recommendations have been filed with the court, and the time in which to do so has now passed.

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On June 4, 2020, plaintiff filed an amended complaint in this action. (Doc. No. 10.) The

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docket reflects that plaintiff paid the requisite $400.00 filing fee in full on June 10, 2020.

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Accordingly, in light of plaintiff’s payment of the filing fee,

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1.

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The court adopts the findings and recommendations issued on May 14, 2020 (Doc.
No. 8);

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2.

Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is denied;

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3.

The court acknowledges that plaintiff has paid the required filing fee and that this

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action may now proceed; and
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This case is referred back to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

November 20, 2020
UNITED STATES DISTRICT JUDGE

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