(PC) Ransom v. Martinez et al, No. 1:2008cv01812 - Document 45 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS; GRANT Defendants' 24 Motion to Revoke Plaintiff's In Forma Pauperis Status and Requiring Plaintiff to Pay Filing Fee in Full Within Thirty Days signed by Chief Judge Anthony W. Ishii on 02/09/2011. (Flores, E)
Download PDF
<![CDATA[
(PC) Ransom v. Martinez et al Doc. 45 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRYAN E. RANSOM, CASE NO.: 1:08-cv-01812-AWI-GBC (PC) 12 13 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. 14 J. MARTINEZ, et al., 15 Defendants. 16 17 GRANT DEFENDANTS’ MOTION TO REVOKE PLAINTIFF’S IN FORMA PAUPERIS STATUS AND REQUIRING PLAINTIFF TO PAY FILING FEE IN FULL WITHIN THIRTY DAYS ______________________________________/ (Documents #24 & #41) 18 19 Plaintiff Bryan E. Ransom, (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to 21 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On August 9, 2010, Defendants filed request for judicial notice and a motion to revoke 23 Plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915(g). (Docs. 23, 24). On August 20, 24 2010, Plaintiff filed a request for judicial notice and an opposition to Defendants’ motion to revoke 25 in forma pauperis status. (Docs. 28, 29). On August 27, 2010, Defendants filed a reply (Doc. 31). 26 On December 6, 2010, the Magistrate Judge filed a Findings and Recommendations herein 27 which was served on the Plaintiff and which contained notice to the Plaintiff that any objections to 28 the Findings and Recommendations were to be filed within thirty days. The Plaintiff filed a notice of 1 Dockets.Justia.com 1 appeal on December 15, 2010 and has not timely submitted objections to the Findings and 2 Recommendations. Because Plaintiff is attempting to appeal Findings and Recommendations and 3 they are not a final appealable order of the court, Plaintiff's filing of the notice of appeal did not 4 deprive the court of jurisdiction. 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 6 novo review of this case. Having carefully reviewed the entire file and Plaintiff’s objections, the 7 Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The Findings and Recommendations, filed December 6, 2010, is adopted in full; 10 2. Defendants' motion to revoke Plaintiff in forma pauperis status is GRANTED and 11 12 Plaintiff’s in forma pauperis status is revoked pursuant to 28 U.S.C. § 1915(g); 3. The Court’s order directing the Director of the California Department of Corrections 13 and Rehabilitation or his designee to deduct the $350.00 filing fee from Plaintiff’s 14 trust account whenever the balance exceeds $10.00 is VACATED1; 15 4. 16 Plaintiff is required to pay the $350.00 filing fee in full within thirty (30) days or this action will be dismissed, without prejudice; and 17 4 5. 18 U.S. District Court, Eastern District of California, Fresno Division and (2) the Director of the 19 California Department of Corrections and Rehabilitation via the court's electronic case filing 20 system (CM/ECF). 21 The Clerk of the Court to serve a copy of this order on (1) the Financial Department, IT IS SO ORDERED. 22 23 Dated: 0m8i78 February 9, 2011 CHIEF UNITED STATES DISTRICT JUDGE 24 25 26 27 28 1 To date, no funds have been sent to the Court for the filing fee in this action. 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.
