(PC)Garza v. Cates et al, No. 1:2019cv01274 - Document 9 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 8 Findings and Recommendations Regarding Denial of Plaintiff's 2 Motion to Proceed In Forma Pauperis, signed by Chief Judge Lawrence J. O'Neill on 10/15/19. Twenty One Day Deadline. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL GARZA, 12 13 14 Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DENIAL OF PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS CATES, et al., (ECF Nos. 2, 8) 15 Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Case No. 1:19-cv-01274-LJO-BAM (PC) Plaintiff Raul Garza (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on September 12, 2019. 19 On September 17, 2019, the assigned Magistrate Judge issued findings and 20 recommendations that Plaintiff’s application to proceed in forma pauperis be denied pursuant to 21 28 U.S.C. § 1915(g) and that Plaintiff be required to pay the $400.00 filing fee in full to proceed 22 with this action. (ECF No. 8.) Those findings and recommendations were served on Plaintiff and 23 contained notice that any objections thereto were to be filed within fourteen (14) days after 24 service. (Id. at 2–3.) No objections have been filed, and the deadline to do so has expired. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 26 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 27 the Magistrate Judge’s findings and recommendations are supported by the record and proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 are adopted in full; 2. 5 6 The findings and recommendations, (ECF No. 8), issued on September 17, 2019, In accordance with 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is denied; and 3. Within twenty-one (21) days following the date of service of this order, Plaintiff 7 shall pay the $400.00 filing fee in full to proceed with this action. If Plaintiff fails 8 to pay the filing fee within the specified time, this action will be dismissed without 9 further notice. 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 15, 2019 UNITED STATES CHIEF DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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