(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD L. McCOY,

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Plaintiff,

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No. 1:22-cv-00789-DAD-BAM (PC)

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

UNITED STATES, et al.,
(Doc. No. 5)

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Defendants.

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Plaintiff Reginald L. McCoy is a federal prisoner proceeding pro se in this civil rights

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action filed pursuant to 42 U.S.C. § 1983 and the Federal Tort Claims Act, 28 U.S.C. § 1346(b).

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.
On June 28, 2022, the assigned magistrate judge issued findings and recommendations,

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recommending that plaintiff’s application to proceed in forma pauperis be denied and that

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plaintiff be required to pay the $402.00 filing fee in full to proceed with this action. (Doc. No. 5.)

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Those findings and recommendations were served on plaintiff and contained notice that any

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objections thereto were to be filed within fourteen (14) days after service. (Id.) To date, no

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objections have been filed with the court and the time in which to do so has now passed.

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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, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on June 28, 2022 (Doc. No. 5) are
adopted;

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2.

Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied;

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3.

Within twenty-one (21) days following service of this order, plaintiff shall pay the

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required $402.00 filing fee in full to proceed with this action; and
4.

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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

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