Mitchell v. Veterans Administration of United States, No. 1:2019cv00097 - Document 8 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF'S APPLICATIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS BE DENIED (Doc. Nos. 2, 4, 6, 7), and ORDER DIRECTING PAYMENT OF FILING FEE IN FULL THIRTY-DAY DEADLINE signed by District Judge Anthony W. Ishii on 08/21/2019. (Gonzales, V)

Download PDF
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 HURSEL F. MITCHELL, 13 14 15 16 17 Plaintiff, v. VETERANS ADMINISTRATION OF UNITED STATES, Case No. 1:19-cv-00097-AWI-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF’S APPLICATIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS BE DENIED (Doc. Nos. 2, 4, 6, 7) Defendant. ORDER DIRECTING PAYMENT OF FILING FEE IN FULL 18 THIRTY-DAY DEADLINE 19 20 21 22 Plaintiff Hursel Floyd Mitchell (“Plaintiff”), proceeding pro se in this civil matter, initiated this action on January 23, 2019. (Doc. 1). 23 On July 11, 2019, the assigned magistrate judge issued findings and recommendations that 24 Plaintiff’s applications to proceed without prepayment of fees and costs be denied and Plaintiff be 25 required to pay the $400.00 filing fee in full to proceed with this action. (Doc. No. 7.) Those 26 findings and recommendations were served on Plaintiff and contained notice that any objections 27 thereto were to be filed within fourteen (14) days after service. The time to file objections has 28 passed, and no objections have been filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The July 11, 2019 findings and recommendations (Doc. No. 7) are adopted in full; 6 2. Plaintiff’s applications to proceed without prepayment of fees and costs are denied; 7 3. Within thirty (30) days from the date of this order, Plaintiff is required to pay the 8 9 10 $400.00 filing fee in full to proceed with this action; and 4. Plaintiff’s failure to comply with this Order will result in dismissal of this action for failure to prosecute. 11 12 13 IT IS SO ORDERED. Dated: August 21, 2019 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.