Bontemps v. Sotak et al

Filing 96

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/27/2015 ORDERING that the 92 findings and recommendations are ADOPTED in full. Defendant Sotak's 74 Motion to Revoke Plaintiff's In Forma Pauperis Status is GRANTED. The Court& #039;s 9 order granting in forma pauperis status is VACATED and Plaintiff's in forma pauperis status is REVOKED. Plaintiff is ordered to furnish the statutory filing fee of $350 to proceed with this action and is admonished that failure to pay the filing fee within thirty days of this order will result in dismissal of this action. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,

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No. 2:09-cv-2115-MCE-EFB P

v.

ORDER

SOTAK, 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.
On February 25, 2015, the magistrate judge filed findings and recommendations herein

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(ECF No. 92) which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Plaintiff

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has filed objections to the findings and recommendations.
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

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file, the Court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 25, 2015 (ECF No. 92) are

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ADOPTED IN FULL;
2. Defendant Sotak’s March 4, 2014 Motion to Revoke Plaintiff’s In Forma Pauperis
Status (ECF No. 74) is GRANTED;
3. The Court’s February 1, 2010 order granting in forma pauperis status (ECF No. 9) is
VACATED and Plaintiff’s in forma pauperis status is REVOKED; and
4. Plaintiff is ordered to furnish the statutory filing fee of $350 to proceed with this action
and is admonished that failure to pay the filing fee within thirty days of this order will result in
dismissal of this action.
IT IS SO ORDERED.
Dated: March 27, 2015

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