(PC) Neale v. Sherman et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH NEALE, JR.,
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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)
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Defendants.
TWENTY-ONE (21) DAY DEADLINE
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Case No. 1:20-cv-01079-AWI-BAM (PC)
Plaintiff Joseph Neale, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 4, 2020,
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together with a motion to proceed in forma pauperis. (ECF Nos. 1, 2.)
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On August 6, 2020, the assigned Magistrate Judge issued findings and recommendations
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that Plaintiff’s application to proceed in forma pauperis be denied and that Plaintiff be required to
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pay the $400.00 filing fee in full to proceed with this action. (ECF No. 6.) Those Findings and
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Recommendations were served on Plaintiff and contained notice that any objections thereto were
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to be filed within fourteen (14) days after service. (Id. at 3.) No objections have been filed, and
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the deadline to do so has expired.
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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 the case. Having carefully reviewed the entire file, the Court concludes that
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the Magistrate Judge’s findings and recommendations are supported by the record and proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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adopted in full;
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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
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Within twenty-one (21) days following the date of service of this order, Plaintiff
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shall pay the $400.00 filing fee in full to proceed with this action. If Plaintiff fails
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to pay the filing fee within the specified time, this action will be dismissed without
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further notice.
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IT IS SO ORDERED.
Dated: September 9, 2020
SENIOR DISTRICT JUDGE
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