(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 with this order to file Objections to her Findings and Recommendations.(Coll, A)

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Case 2:22-cv-01842-DAD-AC Document 11 Filed 11/21/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA DALKE, 12 13 14 15 No. 2:22-cv-1842 DAD AC P Plaintiff, v. ORDER SACRAMENTO CORRECTIONS, et al., Defendants. 16 17 By findings and recommendations filed October 28, 2022, the undersigned recommended 18 that plaintiff’s motion to proceed in forma pauperis be denied because plaintiff made an 19 inadequate showing of indigency. ECF No. 9. Plaintiff, a state prisoner proceeding pro se with a 20 civil rights action pursuant to 42 U.S.C. § 1983, has now filed a motion for a ninety-day extension 21 of time to pay the filing fee. ECF No. 10. Because the findings and recommendations have not 22 yet been adopted, the filing fee is not yet due, and plaintiff’s motion will be denied. Plaintiff will 23 instead be given an extension of time to file objections to the findings and recommendations. If 24 plaintiff seeks to object to the findings and recommendations on the ground that he is indigent, he 25 must provide an updated trust account statement indicating his lack of funds. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Plaintiff’s motion for an extension of time to pay the filing fee (ECF No. 10) is 28 DENIED as unnecessary; and 1 Case 2:22-cv-01842-DAD-AC Document 11 Filed 11/21/22 Page 2 of 2 1 2. Plaintiff shall have fourteen days from the service of this order to file any objections to 2 the October 28, 2022 findings and recommendations. 3 DATED: November 18, 2022 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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