(PC) Contreras v. Ibarra, et al, No. 1:2011cv01523 - Document 20 (E.D. Cal. 2012)
Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS And Revoking Plaintiff's In Forma Pauperis Status, Pursuant To Section 1915(g) And Requiring Plaintiff To Pay Filing Fee Within Fifteen Days (Docs. 13 , 19 ), signed by District Judge Lawrence J. O'Neill on 12/11/2012. (Filing Fee Deadline: 12/31/2012)(Fahrney, E)
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(PC) Contreras v. Ibarra, et al Doc. 20 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL CONTRERAS aka LOFOFORA EVA CONTRERAZ, CASE NO: 1:11-cv-01523-LJO-GBC (PC) 11 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND REVOKING PLAINTIFF’S IN FORMA PAUPERIS STATUS, PURSUANT TO SECTION 1915(g) AND REQUIRING PLAINTIFF TO PAY FILING FEE WITHIN FIFTEEN DAYS Plaintiff, 12 v. 13 D. IBARRA, et al., 14 Defendants. 15 Docs. 13, 19 / 16 17 On September 9, 2011, Plaintiff Michael Contreras (“Plaintiff”), a prisoner proceeding pro 18 se, filed this civil rights action pursuant to 42 U.S.C. § 1983. Doc. 1. On October 20, 2011, the Court 19 granted Plaintiff’s motion to proceed in forma pauperis. Doc. 13. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 19, 2012, the Magistrate Judge issued Findings and Recommendations, 22 recommending revocation of Plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915(g) and 23 requiring Plaintiff to pay the filing fee within fifteen days. Doc. 19. Plaintiff has not filed objections. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 // 28 // Page 1 of 2 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The Court adopts the Findings and Recommendations, filed on November 19, 2012, in full; 4 2. The Court’s order of October 20, 2011, is VACATED, which directed the Director 5 of the California Department of Corrections and Rehabilitation or his designee to 6 deduct the $350.00 filing fee from Plaintiff’s trust account whenever the balance 7 exceeds $10.00; 8 3. That the Clerk of the Court to serve a copy of this order on (1) the Financial 9 Department, U.S. District Court, Eastern District of California, Fresno Division and 10 (2) the Director of the California Department of Corrections and Rehabilitation via 11 the Court’s electronic case filing system (CM/ECF); and 12 4. 13 That Plaintiff pay the $350.00 filing fee in full within fifteen (15) days or this action will be dismissed, without prejudice. 14 15 16 IT IS SO ORDERED. 17 Dated: b9ed48 December 11, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2
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