(PC) Saylor v. Allison et al, No. 1:2021cv01282 - Document 15 (E.D. Cal. 2021)

Court Description: AMENDED ORDER: ORDER adopting Findings and Recommendations in part 8 . ORDER revoking Plaintiff's In Forma Pauperis Status. ORDER vacating Order granting Motion to proceed In Forma Pauperis 5 . ORDER requiring Plaintiff to pay the $39 2.05 balance of the filing fee owed for this case in full within 30-Days. ORDER directing Clerk to serve a copy of this order on (1) The Director of the CDCR and (2) The Court's Financial Department signed by District Judge Dale A. Drozd on 11/3/2021. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BRYAN E. SAYLOR, #BH-1349, 11 12 13 14 No. 1:21-cv-01282-NONE-GSA-PC Plaintiff, AMENDED ORDER vs. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN PART ALLISON, et al., (Doc. No. 8.) Defendants. ORDER REVOKING PLAINTIFF’S IN FORMA PAUPERIS STATUS 15 16 17 ORDER VACATING ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS 18 (Doc. No. 5.) 19 ORDER REQUIRING PLAINTIFF TO PAY THE $392.05 BALANCE OF THE FILING FEE OWED FOR THIS CASE IN FULL WITHIN THIRTY DAYS 20 21 22 ORDER DIRECTING CLERK TO SERVE A COPY OF THIS ORDER ON: 23 (1) THE DIRECTOR OF THE CDCR AND 24 (2) THE COURT’S FINANCIAL DEPT 25 26 Bryan E. Saylor (“Plaintiff”), CDCR #BH-1349, is a state prisoner proceeding pro se 27 with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 28 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). 1 1 On September 29, 2021, the assigned magistrate judge issued findings and 2 recommendations, recommending that Plaintiff’s in forma pauperis status be revoked, the 3 court’s order granting plaintiff’s motion to proceed in forma pauperis be vacated, and plaintiff 4 be required to pay the $402.00 filing fee in full for this action within thirty days. (Doc. No. 8.) 5 On October 5, 2021, plaintiff filed objections to the findings and recommendations, but therein 6 appears to concede that he must pay the fee. (Doc. No. 9.) 7 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted 8 a de novo review of the case. Having carefully reviewed the entire file, including plaintiff’s 9 objections (Doc. No. 9), the court finds the findings and recommendations to be supported by 10 the record and by proper analysis. However, it has come to the court’s attention that plaintiff 11 only owes the balance of $392.05 of the filing fee for this case, due to a $9.95 payment 12 received in September 2021. (Court’s financial record). Therefore, the findings and 13 recommendations shall be adopted in part. 14 Accordingly, 15 1. 16 The findings and recommendations (Doc. No. 8), issued on September 27, 2021, are adopted in part; 17 2. Plaintiff’s in forma pauperis status is revoked; 18 3. The court’s order (Doc. No. 5) granting plaintiff’s motion to proceed in forma 19 pauperis, issued on August 24, 2021, is vacated; 20 4. 21 Plaintiff is required to pay the $392.05 balance owed for the filing fee for this action in full within thirty days of the date of service of this order; 22 5. The Clerk of the Court is directed to serve a copy of this order on the Director of 23 the California Department of Corrections and Rehabilitation, via the court’s 24 electronic case filing system (CM/ECF); 25 6. 26 The Clerk of the Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California; and 27 /// 28 /// 2 1 7. 2 Plaintiff’s failure to comply with this order shall result in a recommendation that this case be dismissed. 3 4 5 IT IS SO ORDERED. Dated: November 3, 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

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