(PC)Driver v. Chavez

Filing 62

ORDER signed by District Judge Daniel J. Calabretta on 03/27/24 ADOPTING 51 Findings and Recommendations in full and GRANTING 39 Motion to Revoke. The matter is REFERRED back to the assigned Magistrate Judge for further proceedings.(Licea Chavez, V)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BILLY DRIVER, JR.,

12

Plaintiff,

13
14

No. 2:22-cv-1447-DJC-DMC-P

v.

ORDER

CHAVEZ,

15

Defendant.

16
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

17
18

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

19

pursuant to Eastern District of California local rules.
On November 6, 2023, the Magistrate Judge filed findings and

20
21

recommendations herein which were served on the parties and which contained

22

notice that the parties may file objections within the time specified therein. Timely

23

objections to the findings and recommendations have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

24
25

304(f), this Court has conducted a de novo review of this case. Having carefully

26

reviewed the entire file, the Court finds the findings and recommendations to be

27

supported by the record and by proper analysis, except as explained below.

28

///
1

1

Plaintiff objects to dismissal, stating that he has already paid the filing fees for

2

this action. Attached to Plaintiff’s objections is a copy of his inmate trust account

3

statement indicating that filing fees for this docket were debited from Plaintiff’s

4

account June 22, 2023, and forward to the Court. Due to a docketing error, the

5

docket did not reflect this payment, which according to the Court’s records was

6

received and credited on July 11, 2023. The docket will be updated to reflect

7

Plaintiff’s payment. Given that the fee status for this matter has been resolved, the

8

Court does not adopt the Magistrate Judge’s recommendation that the case be

9

dismissed without prejudice to refiling upon prepayment of fees. The fee status of this

10

case is deemed resolved.

11

Accordingly, IT IS HEREBY ORDERED as follows:

12

1.

13
14
15
16
17

The findings and recommendations filed November 6, 2023, ECF No. 51,

are adopted in part.
2.

Defendant’s unopposed motion to revoke Plaintiff’s in forma pauperis

status, ECF No. 39, is GRANTED.
3.

The matter is referred back to the assigned Magistrate Judge for further

proceedings.

18
19
20
21

IT IS SO ORDERED.
Dated:

March 27, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
2