(PC) Hammler v. The State of California et al, No. 1:2019cv00785 - Document 13 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 10 Findings and Recommendations DENYING 8 Motion to Proceed IFP and Requiring Payment of $400.00 Filing Fee in Full within TWENTY-ONE DAYS, signed by Chief Judge Lawrence J. O'Neill on 12/6/2019. TWENTY-ONE (21) DAY DEADLINE. (Orozco, A)
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(PC) Hammler v. The State of California et al Doc. 13 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ALLEN HAMMLER, 11 12 13 14 Case No. 1:19-cv-00785-LJO-JDP Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PAYMENT OF FILING FEE IN FULL WITHIN TWENTY-ONE DAYS Defendant. (ECF Nos. 8, 10) v. S. SAVOIE, 15 16 17 Plaintiff Allen Hammler (“plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action brought under 42 U.S.C. § 1983. The matter was referred to a United States 19 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 13, 2019, Magistrate Judge Jeremy D. Peterson entered findings and 21 recommendations, recommending that plaintiff’s application to proceed in forma pauperis (ECF 22 No. 2) be denied. (ECF No. 10.) Plaintiff was given an opportunity to object to the findings and 23 recommendations within fourteen days and objected on August 23, 2019. (ECF No. 11.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and proper analysis. 27 Plaintiff’s objections do not change this result. 28 Accordingly, IT IS ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations issued by the magistrate judge on August 13, 2 2019, (ECF No. 10), are ADOPTED IN FULL; 3 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 10) is denied; 4 3. Plaintiff must pay the $400 filing fee in full within twenty-one days of the date of this 5 6 order; and 4. Failure to pay the filing fee will result in dismissal of this case. 7 8 9 IT IS SO ORDERED. Dated: December 6, 2019 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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