(PC) Ruiz v. Woodfill et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 7/13/2020 VACATING 11 Findings and Recommendations and ORDERING plaintiff to pay the entire $400.00 in required fees within 30 days of the service of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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No. 2:20-cv-0205 KJM AC P

Plaintiff,
v.

ORDER

D. WOODFILL, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42
U.S.C. § 1983.
On February 3, 2020, the undersigned filed findings and recommendations that

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recommended that plaintiff be denied leave to proceed in forma pauperis and be required to pay

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the filing fee in full or have the complaint dismissed. ECF No. 4. Plaintiff initially did not file

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any objections and the findings and recommendations were adopted in full. ECF No. 8. He then

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filed a motion for appointment of counsel that also sought reconsideration of the order directing

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him to pay the filing fee. ECF No. 9.

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On April 20, 2020, after plaintiff failed to pay the filing fee, the undersigned filed

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additional findings and recommendations and recommended that the case be dismissed. ECF No.

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11. However, shortly after the April 20, 2020 findings and recommendations were filed, the

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District Judge gave plaintiff another opportunity to file objections to the February 3, 2020
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findings and recommendations (ECF No. 12), which he proceeded to do (ECF No. 15). By order

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filed on July 8, 2020, the District Judge affirmed the adoption of the February 3, 2020 findings

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and recommendations and denied plaintiff’s request to proceed in forma pauperis. ECF No. 17.

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The District Judge also deferred action on the April 20, 2020 findings and recommendations and

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sought clarification from the undersigned as to whether those findings and recommendations are

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now before the District Judge. Id.

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In light of the re-opening of the period to object to the February 3, 2020 findings and

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recommendations and the accompanying possibility that plaintiff would be granted leave to

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proceed in forma pauperis, the April 20, 2020 findings and recommendations will be vacated.

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However, since the denial of in forma pauperis status has now been affirmed, plaintiff will be

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required to pay the filing fee.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 20, 2020 (ECF No. 11), are vacated.

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2. Within thirty days of the service of this order plaintiff shall pay the entire $400.00 in

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required fees. Failure to comply with this order will result in a recommendation that this case be

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dismissed.

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DATED: July 13, 2020

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