(PC) Dalke v. Sacramento Corrections et al

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 11/18/2022 DENYING #10 Motion for Extension of Time as unnecessary and GRANTING plaintiff until 14 days after being served with this order to file Objections to her Findings and Recommendations.(Coll, A)

Case 2:22-cv-01842-DAD-AC Document 11 Filed 11/21/22 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA DALKE,

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No. 2:22-cv-1842 DAD AC P

Plaintiff,
v.

ORDER

SACRAMENTO CORRECTIONS, et al.,
Defendants.

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By findings and recommendations filed October 28, 2022, the undersigned recommended

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that plaintiff’s motion to proceed in forma pauperis be denied because plaintiff made an

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inadequate showing of indigency. ECF No. 9. Plaintiff, a state prisoner proceeding pro se with a

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civil rights action pursuant to 42 U.S.C. § 1983, has now filed a motion for a ninety-day extension

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of time to pay the filing fee. ECF No. 10. Because the findings and recommendations have not

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yet been adopted, the filing fee is not yet due, and plaintiff’s motion will be denied. Plaintiff will

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instead be given an extension of time to file objections to the findings and recommendations. If

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plaintiff seeks to object to the findings and recommendations on the ground that he is indigent, he

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must provide an updated trust account statement indicating his lack of funds.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to pay the filing fee (ECF No. 10) is

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DENIED as unnecessary; and
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Case 2:22-cv-01842-DAD-AC Document 11 Filed 11/21/22 Page 2 of 2
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2. Plaintiff shall have fourteen days from the service of this order to file any objections to

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the October 28, 2022 findings and recommendations.

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DATED: November 18, 2022

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