(PC) Harris v. Docanto, No. 1:2020cv00042 - Document 12 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 8 Findings and Recommendations; ORDER DENYING 2 Motion to Proceed IFP; and ORDER Directing Plaintiff to Pay the Filing Fee Within Thirty (30) Days signed by District Judge Dale A. Drozd on 4/18/2020. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVANTE B. HARRIS, 12 No. 1:20-cv-00042-DAD-GSA (PC) Plaintiff, 13 v. 14 M. DOCANTO, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 8) 15 Defendant. 16 17 Plaintiff Devante B. Harris is a state prisoner proceeding pro se with this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 10, 2020, the assigned magistrate judge issued findings and 20 21 recommendations, recommending that plaintiff’s motion for leave to proceed in forma pauperis 22 be denied under 28 U.S.C. § 1915 due to the $39,183.65 current balance in his prison trust 23 account and that plaintiff be required to pay the $400.00 filing fee in full for this action. (Doc. 24 No. 8.) Plaintiff was granted fourteen (14) days in which to file objections to the findings and 25 recommendations. (Id. at 2.) No objections have been filed, and the time in which to do so has 26 passed. 27 28 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 1 1 court finds the findings and recommendations to be supported by the record and proper analysis. 2 Accordingly: 3 1. 4 5 adopted in full; 2. 6 7 The findings and recommendations issued on February 10, 2020, (Doc. No. 8), are Plaintiff’s motion for leave to proceed in forma pauperis, filed on January 8, 2020, (Doc. No. 2), is denied; and 3. Plaintiff is directed to pay the $400.00 filing fee in full for this action within thirty 8 (30) days of the date of service of this order. Failure to comply with this order 9 shall result in the dismissal of this action. 10 11 12 IT IS SO ORDERED. Dated: April 18, 2020 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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