(PC) Barger v. Muellar, III et al, No. 1:2016cv00410 - Document 5 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 2 Plaintiff's Motion to Proceed In Forma Pauperis; and ORDER DIRECTING Plaintiff to Pay the $400 Filing Fee in Full Within Forty-Five (45) Days signed by District Judge Lawrence J. O'Neill on 4/21/2016. (Jessen, A)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 GARY DALE BARGER, 14 15 Plaintiff, v. 16 ROBERT S. MUELLAR, III, et al., 17 Defendants. 18 CASE NO. 1:16-cv-00410-LJO-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AND REQUIRE PAYMENT OF FILING FEES IN FULL WITHIN FORTY-FIVE DAYS (ECF No. 4) 19 20 21 22 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought 23 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 24 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 25 On March 29, 2016, the Magistrate Judge issued findings and recommendations 26 to deny Plaintiff’s motion to proceed in forma pauperis and to require Plaintiff to pay the 27 filing fee in full. (ECF No. 4.) Plaintiff filed no objections and the time for doing so has 28 passed. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 2 304,, the Court has conducted a de novo review of this case. Having carefully reviewed 3 the entire file, the Court finds the findings and recommendations to be supported by the 4 record and by proper analysis. 5 Accordingly, it is HEREBY ORDERED that: 6 1. The Court adopts the March 29, 2016 findings and recommendations (ECF 7 No. 4) in full; 8 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED; 9 3. Plaintiff shall pay the $400 filing fee in full within forty-five days of entry of 10 this order; and 11 4. If Plaintiff fails to pay the $400 filing fee in full by the above deadline, all 12 pending motions will be terminated and the action will be dismissed without 13 prejudice. 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill April 21, 2016 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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