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