(PC) Roberts v. White et al, No. 1:2021cv00167 - Document 17 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 16 Findings and Recommendations, REVOKING Plaintiff's In Forma Pauperis Status, REQUIRING Payment of Filing Fee Within 30 Days, signed by District Judge Jennifer L. Thurston on 5/16/2023. Plaintiff is directed to pay the $402 filing fee in full within 30 days of the date of this order. Failure to do so will result in dismissal of this case without further notice. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID NATHANIEL ROBERTS, 12 13 14 Plaintiff, v. WHITE, MUNOZ, BREWSTER, TAHT, 15 Defendants. 16 Case No. 1:21-cv-00167-JLT-HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, REVOKING PLAINTIFF’S IN FORMA PAUPERIS STATUS, REQUIRING PAYMENT OF FILING FEE WITHIN 30 DAYS (Doc. 16) Thirty Day Deadline 17 18 The magistrate judge granted Plaintiff’s motion to proceed in forma pauperis (“IFP). 19 (Docs. 4, 7.) However, upon additional review of the case docket, the magistrate judge vacated 20 the order and issued findings and recommendations, recommending denying Plaintiff’s motion to 21 proceed IFP. By that time, Plaintiff had suffered at least three dismissals of cases that constituted 22 “strikes” for purposes of the IFP statute. (Doc. 16.) The Court served the findings and 23 recommendations on Plaintiff, which contained a notice that any objections were to be filed 24 within 14 days. (Id. at 7.) Plaintiff has not filed any objections and the time to do so has expired. 25 See docket. 26 According to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this 27 case. Having carefully reviewed the entire file, the Court finds the findings and recommendations 28 to be supported by the record and by proper analysis. Thus, the Court ORDERS: 1 1. The April 11, 2023 findings and recommendations (Doc. 16) are ADOPTED IN 2 FULL. 3 2. Plaintiff’s in forma pauperis status is REVOKED. 4 3. Plaintiff is directed to pay the $402 filing fee in full within 30 days of the date of this 5 order. Failure to do so will result in dismissal of this case without further notice. 6 7 8 IT IS SO ORDERED. Dated: May 16, 2023 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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