(PC) Smith v. Hedgpeth et al, No. 1:2008cv00607 - Document 10 (E.D. Cal. 2009)

Court Description: ORDER VACATING 6 Findings and Recommendations, DENYING 8 Motion for Costs, and DIRECTING Plaintiff to Submit, Within Thirty Days, a Certifed Copy of His Trust Account Statement, Signed by Magistrate Judge William M. Wunderlich on 2/10/2009. Response to Order due by 3/17/2009. (Arellano, S.)

Download PDF
(PC) Smith v. Hedgpeth et al Doc. 10 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 JAMES SMITH, Plaintiff, 8 9 vs. 1: 08 CV 0607 AWI WMW PC ORDER RE MOTION (DOC 8) 10 11 12 WARDEN HEDGPETH, et al., Defendants. 13 14 15 On July 7, 2008, findings and recommendations were entered, recommending that 16 Plaintiff’s application to proceed in forma pauperis be denied pursuant to 28 U.S.C. § 1915(g). 17 On August 21, 2008, Plaintiff filed objections to the findings and recommendations. On 18 September 3, 2008, the court granted Plaintiff an extension of time in which to show cause why 19 he should not be granted leave to proceed in forma pauperis. Plaintiff was cautioned that should 20 he fail to do so, the recommendation of dismissal would be submitted to the District Court. 21 Plaintiff failed to do so, and on October 30, 2008, the findings and recommendations were 22 adopted by the District Court, denying Plaintiff leave to proceed in forma pauperis pursuant to 28 23 U.S.C. § 1915(g). 1 24 1 25 26 On October 29, 2008, findings and recommendations were inadvertently entered. These findings and recommendations are duplicative of the July 7, 2008, findings and recommendations. The court therefore vacates the October 29, 2008, findings and recommendations. 1 Dockets.Justia.com On November 19, 2008, Plaintiff filed objections to the findings and recommendations. 1 2 On November 17, 2008, Plaintiff filed a document titled as a motion regarding costs. In his 3 objections and motion, Plaintiff indicates that he is having difficulty paying the filing fee, though 4 he has the ability to do so. Plaintiff will therefore be granted an opportunity to submit evidence 5 that he is able to pay the filing fee. Plaintiff is directed to submit a certified copy of his trust 6 account statement and a copy of his request to have the $350 filing fee withdrawn from his prison 7 trust account. Plaintiff’s failure to do so within thirty days will result in dismissal of this action 8 without prejudice for Plaintiff’s failure to pay the filing fee. Accordingly, IT IS HEREBY ORDERED that: 9 10 1. The October 29, 2008, findings and recommendations are vacated. 11 2. Plaintiff’s motion for costs filed on November 17, 2008, is denied. 12 3. Plaintiff is directed to submit, within thirty days, a certified copy of his trust account 13 statement and a copy of his request to have the $350 filing fee withdrawn from his prison trust 14 account. Plaintiff’s failure to do so within thirty days will result in dismissal of this action 15 without prejudice for Plaintiff’s failure to pay the filing fee. 16 17 IT IS SO ORDERED. 18 Dated: j14hj0 February 10, 2009 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.