(PC) Zane Hubbard v. Gutierrez et al, No. 1:2014cv01560 - Document 8 (E.D. Cal. 2014)

Court Description: ORDER Adopting 6 FINDINGS AND RECOMMENDATIONS DENYING Plaintiff's 2 Motion to Proceed In Forma Pauperis and REQUIRING Payment of Filing Fee in Full within Twenty-One Days signed by District Judge Lawrence J. O'Neill on 11/19/2014. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ZANE HUBBARD, 13 14 15 16 Case No. 1:14-cv-01560-LJO-MJS (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PAYMENT OF FILING FEE IN FULL WITHIN TWENTY-ONE DAYS v. R. GUTIERREZ, et al., Defendants. ECF Nos. 2 and 6 17 18 Plaintiff Zane Hubbard is a state prisoner proceeding pro se in this civil rights action filed 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 27, 2014, the Magistrate Judge issued a findings and recommendations 22 recommending that Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be denied and 23 that Plaintiff be required to pay the filing fee in full. (ECF No. 6.) Plaintiff filed objections on 24 November 10, 2014. (ECF No. 7.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the Findings and Recommendations to be supported by the record and by proper 28 1 1 analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations, filed October 27, 2014, are adopted in full; 4 2. Plaintiff’s in forma pauperis application (ECF No. 2) is DENIED; 5 3. Plaintiff shall pay the $400 filing fee in full within twenty-one days of entry of 6 this order; and 7 4. If Plaintiff fails to pay the $400 filing fee in full by the above deadline, all 8 pending motions will be terminated and the action dismissed without prejudice. IT IS SO ORDERED. 9 10 Dated: /s/ Lawrence J. O’Neill November 19, 2014 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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