Epperson v. Kerr

Filing 6

ORDER ADOPTING #5 Findings and Recommendations That Plaintiff's Motion for Leave to Proceed In Forma Pauperis be Denied, signed by District Judge Jennifer L. Thurston on 11/17/2022. 21-Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRIS EPPERSON, 12 13 Plaintiff, v. 14 YOHANNA RENEE KERR, 15 Defendant. 16 Case No. 1:22-cv-01195-JLT-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATION THAT PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BE DENIED (Docs. 2, 5) 21-DAY DEADLINE 17 The assigned magistrate judge issued findings and recommendations that Plaintiff’s 18 application to proceed in forma pauperis be denied and that Plaintiff be required to pay the 19 $402.00 filing fee in full to proceed with this action because the initially filed application 20 contained insufficient information, and the Plaintiff did not file a long form application as 21 ordered. (Doc. 10.) Those findings and recommendations were served on Plaintiff, and it 22 contained notice that any objections thereto were to be filed within 14 days after service. (Id. at 23 2.) The findings and recommendations explained also that if Plaintiff filed the long form 24 application that demonstrated entitled to proceed without payment of fees, the Court would vacate 25 the findings and recommendations. Plaintiff did not file objections nor a long form application. 26 According to 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the 27 case. Having carefully reviewed the entire file, including Plaintiff’s objections, the Court 28 concludes that the magistrate judge’s findings and recommendations are supported by the record 1 1 and proper analysis. Thus, the Court ORDERS: 2 1. The findings and recommendations issued on October 19, 2022, (Doc. 5), are ADOPTED 3 IN FULL. 2. In accordance with 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma 4 pauperis, (Doc. 2), is DENIED.1 5 6 3. Within 21 days following the date of service of this order, Plaintiff shall pay the $402.00 7 filing fee in full to proceed with this action. If Plaintiff fails to pay the filing fee within 8 the specified time, this action will be dismissed without further notice. 9 10 IT IS SO ORDERED. Dated: 11 November 17, 2022 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Magistrate Judge’s order requiring a long form application denied the initial application without prejudice, and to the extent this Court is conducting a de novo review, the Court finds the initial application should be denied based on insufficient information and the failure to file a long form application as ordered. 2 1

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