(PC) McCoy v. United States et al

Filing 7

ORDER ADOPTING 5 Findings and Recommendations; DENYING 2 Motion to Proceed IFP; within 21-Days Plaintiff to pay $402.00 Filing Fee in full signed by District Judge Dale A. Drozd on 8/1/2022. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD L. McCOY, 12 Plaintiff, 13 14 No. 1:22-cv-00789-DAD-BAM (PC) v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS UNITED STATES, et al., (Doc. No. 5) 15 Defendants. 16 17 Plaintiff Reginald L. McCoy is a federal prisoner proceeding pro se in this civil rights 18 19 action filed pursuant to 42 U.S.C. § 1983 and the Federal Tort Claims Act, 28 U.S.C. § 1346(b). 20 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 21 and Local Rule 302. On June 28, 2022, the assigned magistrate judge issued findings and recommendations, 22 23 recommending that plaintiff’s application to proceed in forma pauperis be denied and that 24 plaintiff be required to pay the $402.00 filing fee in full to proceed with this action. (Doc. No. 5.) 25 Those findings and recommendations were served on plaintiff and contained notice that any 26 objections thereto were to be filed within fourteen (14) days after service. (Id.) To date, no 27 objections have been filed with the court and the time in which to do so has now passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 The findings and recommendations issued on June 28, 2022 (Doc. No. 5) are adopted; 7 2. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied; 8 3. Within twenty-one (21) days following service of this order, plaintiff shall pay the 9 10 required $402.00 filing fee in full to proceed with this action; and 4. 11 12 13 14 Plaintiff’s failure to pay the filing fee within the specified time will result in the dismissal of this action. IT IS SO ORDERED. Dated: August 1, 2022 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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