(PC) Neale v. Sherman et al

Filing 7

ORDER ADOPTING 6 Findings and Recommendations Recommending DENIAL of Plaintiff's 2 Motion to Proceed IFP; Twenty-One (21) Day Deadline signed by District Judge Anthony W. Ishii on 9/9/2020. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOSEPH NEALE, JR., 11 12 13 Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENIAL OF PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS SHERMAN, et al., (ECF Nos. 2, 6) 14 Defendants. TWENTY-ONE (21) DAY DEADLINE 15 16 Case No. 1:20-cv-01079-AWI-BAM (PC) Plaintiff Joseph Neale, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil 17 rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 4, 2020, 18 together with a motion to proceed in forma pauperis. (ECF Nos. 1, 2.) 19 On August 6, 2020, the assigned Magistrate Judge issued findings and recommendations 20 that Plaintiff’s application to proceed in forma pauperis be denied and that Plaintiff be required to 21 pay the $400.00 filing fee in full to proceed with this action. (ECF No. 6.) Those Findings and 22 Recommendations were served on Plaintiff and contained notice that any objections thereto were 23 to be filed within fourteen (14) days after service. (Id. at 3.) No objections have been filed, and 24 the deadline to do so has expired. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 27 the Magistrate Judge’s findings and recommendations are supported by the record and proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 adopted in full; 2. 5 6 The findings and recommendations issued on August 6, 2020, (ECF No. 6), are In accordance with 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is denied; and 3. Within twenty-one (21) days following the date of service of this order, Plaintiff 7 shall pay the $400.00 filing fee in full to proceed with this action. If Plaintiff fails 8 to pay the filing fee within the specified time, this action will be dismissed without 9 further notice. 10 11 12 IT IS SO ORDERED. Dated: September 9, 2020 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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