(PC)Hairston v. Curliss et al, No. 1:2014cv01760 - Document 5 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 4 Findings and Recommendations to Deny Plaintiff's 2 Motion to Proceed In Papueris and REQUIRE Payment of Filing Fees In Full Within Twenty-One Days, signed by District Judge Lawrence J. O'Neill on 12/18/2014. (Marrujo, C)

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(PC)Hairston v. Curliss et al Doc. 5 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 ROBEY KURT HAIRSTON, 14 15 CASE NO. 1:14-cv-1760-LJO-MJS (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS AND REQUIRE PAYMENT OF FILING FEES IN FULL WITHIN TWENTY-ONE DAYS v. 16 R. CURLISS, et al., 17 Defendants. 18 (ECF Nos. 2 & 4) 19 TWENTY-ONE (21) DAY DEADLINE 20 21 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought 22 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 23 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On November 24, 2014, the Magistrate Judge issued findings and 25 recommendations (ECF No. 4) to deny Plaintiff’s motion to proceed in forma pauperis 26 (ECF No. 2) and to require Plaintiff to pay the filing fee in full. Plaintiff did not object to 27 the findings and recommendations and the time for doing so has passed. 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule Dockets.Justia.com 1 304,, the Court has conducted a de novo review of this case. Having carefully reviewed 2 the entire file, the Court finds the findings and recommendations to be supported by the 3 record and by proper analysis. 4 Accordingly, it is HEREBY ORDERED that: 5 1. The Court adopts the findings and recommendations filed on November 6 24, 2014 (ECF No. 4), in full; 7 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED; 8 3. Plaintiff shall pay the $400 filing fee in full within twenty-one days of entry 9 of this order; and 10 4. If Plaintiff fails to pay the $400 filing fee in full by the above deadline, all 11 pending motions will be terminated and the action dismissed without 12 13 14 prejudice. IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill December 18, 2014 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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