Barefield v. HSBC Mortgage Services, Inc. et al

Filing 74

ORDER ADOPTING 73 Findings and Recommendations and DENYING Plaintiff's 69 Motion to Proceed IFP on Appeal signed by District Judge Jennifer L. Thurston on 5/19/2023. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBRA BAREFIELD,

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Plaintiff,

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v.
HSBC MORTGAGE SERVICES, INC.,
et al..,

Case No. 1:21-cv-0613 JLT CDB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S APPLICATION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
(Docs. 69, 73)

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Defendants.
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On April 25, 2023, the assigned magistrate judge found Plaintiff’s appeal is frivolous, and

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issued Findings and Recommendations to deny Plaintiff’s application to proceed in forma

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pauperis on appeal. (Doc. 73.) The Findings and Recommendations were served on upon all

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parties on the same day and contained a notice that any objections were due within 14 days. (Id.

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at 4.) Plaintiff was also advised that “failure to file objections within the specified time may

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result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39

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(9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) More than 14 days

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have passed, and no objections were filed.
Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case.

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Having carefully reviewed the entire action, the Court concludes the Findings and

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Recommendations are supported by the record and by proper analysis.

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///

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Based upon the foregoing, the Court ORDERS:

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1.

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The Findings and Recommendations issued on April 25, 2023 (Doc. 73) are
adopted in full.

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Plaintiff’s motion to proceed in forma pauperis on appeal (Doc. 69) is denied.

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IT IS SO ORDERED.
Dated:

May 19, 2023

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