(PC) Williams v. Gamboa et al, No. 1:2021cv00155 - Document 9 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 5 Findings and Recommendations, REQUIRING Plaintiff to Pay the Filing Fee in Full Within Thirty Days, DIRECTING the Clerk of Court to Apply the $400 Filing Fee From Case No. 1:20-cv-00287 Toward the Filing Fee in this Action and to SERVE a Copy of this Order on Flora Lee, signed by District Judge Dale A. Drozd on 3/8/2021. The $400 filing fee credited toward Williams v. Samboa shall be applied toward the filing fee in the above-captioned matter; if plaintiff wants to proceed with this action, plaintiff shall pay the remaining $2.00 of the $402.00 filing fee in full within thirty (30) days of the date of service of this order. (Rivera, O)

Download PDF

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WESLEY WILLIAMS, 12 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, REQUIRING PLAINTIFF TO PAY THE FILING FEE IN FULL WITHIN THIRTY DAYS, DIRECTING THE CLERK OF COURT TO APPLY THE $400 FILING FEE FROM CASE NO. 1:20-cv00287 TOWARD THE FILING FEE IN THIS A CTION AND TO SERVE A COPY OF THIS ORDER ON FLORA LEE 17 (Doc. Nos. 2, 5) 13 14 15 Plaintiff, No. 1:21-cv-00155-NONE-EPG (PC) v. M. GAMBOA, et al., Defendants. 18 19 20 John Williams (“plaintiff”) is a state prisoner proceeding pro se with this civil rights 21 action. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 22 § 636(b)(1)(B) and Local Rule 302. 23 On February 9, 2021, the assigned magistrate judge entered findings and 24 recommendations, recommending that, “[p]ursuant to 28 U.S.C. § 1915(g), Plaintiff’s application 25 to proceed in forma pauperis ([Doc.] No. 2) be DENIED,” and that “Plaintiff be directed to pay 26 the $402.00 filing fee in full if he wants to proceed with this action.” (Doc. No. 5 at 4-5.) 27 Plaintiff was provided an opportunity to file objections to the findings and 28 recommendations. Plaintiff filed his objections on February 23, 2021. (Doc. No. 8). 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 the case. Having carefully reviewed the entire file, the court concludes that the 3 magistrate judge’s findings and recommendations are supported by the record and by proper 4 analysis insofar as they recommend denial of plaintiff’s motion proceed in forma pauperis and 5 that plaintiff be required to pay the $402 filing fee in full. 6 In his objections, plaintiff points to a $400 filing fee submitted on his behalf on December 7 18, 2020 and credited toward the then most recent case before this court brought in plaintiff’s 8 name: Williams v. Samboa, E.D. Cal. Case No. 1:20-cv-00287. Plaintiff asserts that the $400 9 was erroneously credited to Williams v. Samboa, when it was actually intended as the payment of 10 the filing fee associated with this case and therefore that it should be credited toward the filing fee 11 (now $402) due in this case. (Doc. No. 8.) Some logistical difficulties arose in accommodating 12 this request because plaintiff also indicated that the $400 belonged to his mother. Accordingly, 13 the court initiated the process of returning the fee to plaintiff’s mother. However, before that 14 process was completed, the court received correspondence from plaintiff’s mother authorizing the 15 application of the $400 filing fee to the above-captioned case. The court will therefore arrange to 16 credit those funds toward the $402 filing fee in this action. However, if plaintiff wishes to 17 proceed with this action, he must to pay the additional $2.00 of the required $402.00 filing fee to 18 the court within thirty (30) days of the date of this order. 19 1. The findings and recommendations issued on February 9, 2021, (Doc. No. 5), are 20 adopted insofar as they recommend denial of plaintiff’s application to proceed in 21 forma pauperis and that plaintiff be required to pay the $402 filing fee in full; 22 2. 23 24 pauperis, (Doc. No. 2), is denied; 3. 25 26 Pursuant to 28 U.S.C. § 1915(g), plaintiff’s application to proceed in forma The $400 filing fee credited toward Williams v. Samboa shall be applied toward the filing fee in the above-captioned matter; 4. If plaintiff wants to proceed with this action, plaintiff shall pay the remaining 27 $2.00 of the $402.00 filing fee in full within thirty days (30) of the date of service 28 of this order; 2 1 5. The Clerk of Court is directed to send a copy of this order to plaintiff’s mother, 2 addressed to: Flora Lee, 7301 Crenshaw Blvd., #305, Los Angeles, California, 3 90043. 4 IT IS SO ORDERED. 5 Dated: March 8, 2021 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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.