Malone v. Beard et al

Filing 37

ORDER signed by District Judge Garland E. Burrell, Jr. on 1/26/2017 DENYING 29 Motion for Reconsideration; AFFIRMING the 28 Order; ORDERING the plaintiff to submit the $400.00 filing fee within twenty-one days; CAUTIONING the plaintiff that a failure to do so will result in an order dismissing this action. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN MALONE,

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Plaintiff,

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No. 2:14-cv-2096 GEB DB P

v.

ORDER

JEFFREY BEARD, et al.,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C.

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§1983. On April 14, 2016, plaintiff filed a motion for reconsideration of the magistrate judge’s

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March 1, 2016 order revoking plaintiff’s in forma pauperis status. Pursuant to Local Rule 303(f),

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the magistrate judge’s order shall be upheld unless it is "clearly erroneous or contrary to law.” See

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also 28 U.S.C. § 636(b)(1)(A). Upon review of plaintiff’s motion and of the entire file, the court finds

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that the magistrate judge’s ruling was not clearly erroneous or contrary to law.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion for reconsideration (ECF No. 29) is denied and the order of the
magistrate judge filed March 1, 2016 (ECF No. 28), is affirmed;

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2. Plaintiff shall submit, within twenty-one days of the date of this order, the $400.00
filing fee. Plaintiff’s failure to do so will result in an order dismissing this action.
Dated: January 26, 2017

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DLB:9
Malo2096.ifp jo

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