(PC) Hoffmann v. Borgees et al, No. 1:2018cv00375 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER adopting 10 FINDINGS AND RECOMMENDATIONS; denying 2 Motion to Proceed IFP and requiring Plaintiff to pay $400.00 Filing Fee in full within 30-Days signed by Chief Judge Lawrence J. O'Neill on 7/19/2018. (Lundstrom, T)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KASEY F. HOFFMANN, 10 11 12 Plaintiff, v. L. BORGEES, et al., 13 Defendants. 14 Case No. 1:18-cv-00375-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NO. 10) ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 2) ORDER REQUIRING PLAINTIFF TO PAY $400.00 FILING FEE IN FULL WITHIN THIRTY DAYS 15 16 Kasey Hoffmann (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 17 18 action filed pursuant to 42 U.S.C. § 1983. 19 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The matter was referred to a United States 20 On April 11, 2018, Magistrate Judge Erica P. Grosjean entered findings and 21 recommendations, recommending Plaintiff’s application to proceed in forma pauperis (ECF 22 No. 2) be denied and that Plaintiff be required to pay the $400 filing fee in full if he wants to 23 proceed with this action. (ECF No. 10). 24 Plaintiff was given an opportunity to object to the findings and recommendations. The 25 deadline for filing objections has passed, and Plaintiff has not filed objections to the findings 26 and recommendations (he did appeal (ECF No. 12), but his appeal was dismissed (ECF Nos. 15 27 & 16)). 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 1 1 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 2 the Court finds the findings and recommendations to be supported by the record and proper 3 analysis. 4 Accordingly, IT IS ORDERED that: 5 1. 6 The findings and recommendations issued by the magistrate judge on April 11, 2018, are ADOPTED IN FULL; 7 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is DENIED; 8 3. Plaintiff shall pay the $400 filing fee in full within thirty days from the date of 9 10 service of this order if he wants to proceed with this action; and 4. 11 Failure to pay the filing fee within thirty days from the date of service of this order will result in the dismissal of this action. 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 19, 2018 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2