(PC) Casey v. Haddad et al
Filing
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ORDER ADOPTING 11 Findings and Recommendations and DENYING 2 Motion to Proceed IFP signed by District Judge Dale A. Drozd on 7/13/2021. Plaintiff to pay filing fee of $402.00 in full within 30-Days. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOMINIQUE ZAFIR CASEY,
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No. 1:21-cv-00855-DAD-SKO (PC)
Plaintiff,
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v.
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HADDAD, et al.,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTION TO PROCEED IN FORMA
PAUPERIS
Defendants.
(Doc. Nos. 2, 11)
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Plaintiff Dominique Zafir Casey is a state prisoner proceeding pro se in this civil rights
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action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 17, 2021, the assigned magistrate judge issued findings and recommendations,
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recommending that plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) be denied
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because it was determined that plaintiff had sufficient funds in his trust account to pay the filing
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fee in full. (Doc. No. 11.) The magistrate judge provided plaintiff fourteen (14) days to file
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objections to the findings and recommendations. (Id. at 2.) Plaintiff did not filed any objections;
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however, on June 21, 2021, plaintiff filed a notice in which he states that he made a mistake and
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requested that the court take the $402 filing fee from his account.1 (Doc. No. 13.)
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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 this case. Having carefully reviewed the entire file, including plaintiff’s notice,
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the court finds the findings and recommendations to be supported by the record and proper
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analysis.
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The court concludes that plaintiff has sufficient funds to pay the filing fee for this action
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based on the available balance reflected in his inmate trust account statement (Doc. No. 6) and,
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therefore, in forma pauperis status is not warranted. See 28 U.S.C. § 1915(a)(1). To the extent
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plaintiff’s June 21, 2021 notice is a request that the court withdraw the filing fee payment from
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his account, plaintiff is instead required to arrange for the payment of the filing fee with the
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prison’s trust account office.
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Accordingly,
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1. The findings and recommendations issued on June 17, 2021 (Doc. No. 11) are adopted
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in full;
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2. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied;
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3. Within thirty (30) days from the date of service of this order, plaintiff is required to
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pay the $402.00 filing fee for this action in full;
4. Plaintiff’s failure to pay the required filing fee as ordered will result in the dismissal of
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this action without prejudice; and
5. This case is referred back to the assigned magistrate judge for further proceedings.
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IT IS SO ORDERED.
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Dated:
July 13, 2021
UNITED STATES DISTRICT JUDGE
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This notice was erroneously docketed as objections to the pending findings and
recommendations.
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