(PC)Scott v. Palmer et al, No. 1:2009cv01329 - Document 8 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 5 Findings and Recommendations; ORDER DENYING 2 Motion to Proceed In Fotma Pauperis; ORDER for Plaintiff to Pay $350.00 Filing Fee for this Action in Full within Thirty Days signed by Chief Judge Anthony W. Ishii on 10/16/2009. (Figueroa, O)
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(PC)Scott v. Palmer et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD SCOTT, 12 Plaintiff, 13 vs. 14 J. PALMER, et al., 15 16 Defendants. 17 1:09-cv-01329-AWI-SMS-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 5) ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 2.) ORDER FOR PLAINTIFF TO PAY $350.00 FILING FEE FOR THIS ACTION IN FULL WITHIN THIRTY (30) DAYS _____________________________/ 18 19 Floyd Scott (“plaintiff”) is a state prisoner proceeding pro se in this civil rights action 20 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 21 to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. 22 On August 10, 2009, findings and recommendations were entered, recommending 23 that plaintiff's motion to proceed in forma pauperis be denied and that plaintiff be required to pay the 24 filing fee in full for this action. (Doc. 5.) On August 19, 2009, plaintiff filed a notice of non- 25 opposition to the findings and recommendations. (Doc. 7.) 26 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 27 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 28 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. The Findings and Recommendations issued by the Magistrate Judge on August 10, 5 2009, are ADOPTED in full; 6 7 2. Plaintiff's motion to proceed in forma pauperis, filed on July 29, 2009, is DENIED; and 8 9 3. Plaintiff is REQUIRED to pay the $350.00 filing fee in full for this action, within thirty days from the date of service of this order. To pay the filing fee, Plaintiff shall send a cashier's 10 check or money order, referring to case number 1:09-cv-01329-AWI-SMS-PC, for $350.00 made 11 payable to the United States District Court, to: 12 United States District Court Clerk's Office 2500 Tulare Street, Room 1050 Fresno, CA 93721 13 14 15 16 IT IS SO ORDERED. 17 Dated: 0m8i78 October 16, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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