(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)

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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

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