(PC) Stuckey v. State of California et al

Filing 37

ORDER signed by District Judge Troy L. Nunley on 1/10/2022 ADOPTING 36 Findings and Recommendations in full; GRANTING 30 Motion to Revoke IFP Status; REVOKING plaintiff's IFP status; and DIRECTING plaintiff to pay the $402 filing fee within 21 days. Failure to pay the $402 filing fee within 21 days will result in this action being dismissed without prejudice. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE KENNETH STUCKEY, JR.,

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No. 2:20-cv-00834-TLN-JDP

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, 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 November 10, 2021, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. (ECF No. 36.) Neither

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party has filed objections to the findings and recommendations.

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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed November 10, 2021, (ECF No. 36), are
adopted in full;
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2. Defendants’ motion to revoke plaintiff’s in forma pauperis status, (ECF No. 30), is

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granted.

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

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4. Plaintiff shall pay the $402 filing fee within twenty-one days of the date of this order;

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and
5. Failure to pay the $402 filing fee within twenty-one days will result in this action being

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dismissed without prejudice.

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DATED: January 10, 2022

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Troy L. Nunley
United States District Judge

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