Williams v. California Department of Corrections & Rehabilitation et al

Filing 57

ORDER ADOPTING 49 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 10/23/2013. Defendants' 41 Motion to Revoke plaintiff's In Forma Pauperis status is GRANTED in part and DENIED in part. Plaintiff's IFP status is REVOKED and Court's 6/22/2009 5 Order granting 2 Motion to Proceed In Forma Pauperis is VACATED. Plaintiff required to pay, in full, the $350 filing fee within 28 days from service date of Order. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN WESLEY WILLIAMS,

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No. 2:09-cv-0784 JAM AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPT. OF
CORRECTIONS and REHABILITATION,
et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 16, 2013, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within twenty-eight days. Plaintiff has filed

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objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 16, 2013, are adopted in full;

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2. Defendants’ motion to revoke plaintiff’s in forma pauperis status (ECF No. 41)

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is granted in part, and denied without prejudice to renewal in part;

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3. Plaintiff’s in forma pauperis status is revoked;

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4. The court’s June 22, 2009 order granting plaintiff’s motion to proceed in

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forma pauperis is vacated;
5. Plaintiff is required to pay the $350.00 filing fee for this action in full within
twenty-eight (28) days from the date of service of this order;
6. Plaintiff’s failure to comply with this order will result in dismissal of this action for
failure to pay the filing fee; and
7. If plaintiff pays the filing fee in full in compliance with this order, defendants
may renew their application that plaintiff be required to post a security bond.

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DATED: October 23, 2013
/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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