(PC) Avila v. Felder et al, No. 1:2021cv01510 - Document 10 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 7 Findings and Recommendations; ORDER DENYING 2 Motion to Proceed IFP; ORDERED that within 21-Days following the date of service of this order, Plaintiff shall pay the $402.00 filing fee in full to proceed with the action, signed by District Judge Dale A. Drozd on 11/22/2021. (Case Management Deadline: 21-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW AVILA, 12 Plaintiff, 13 v. 14 FELDER, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENIAL OF PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS Defendants. (Doc. Nos. 2, 7) 16 TWENTY-ONE (21) DAY DEADLINE 17 18 19 20 No. 1:21-cv-01510-NONE-BAM (PC) Plaintiff Andrew Avila is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October 13, 2021, together with a motion requesting leave 21 to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. Nos. 1, 2.) Plaintiff filed a 22 prisoner trust fund account statement on October 20, 2021. (Doc. No. 5.) 23 On October 20, 2021, the magistrate judge issued findings and recommendations that 24 plaintiff’s application to proceed in forma pauperis be denied and that plaintiff be required to pay 25 the $402.00 filing fee in full to proceed with this action because he is able to afford the costs of 26 this action. (Doc. No. 7.) Those findings and recommendations were served on plaintiff and 27 contained notice that any objections thereto were to be filed within fourteen (14) days after 28 service. (Id. at 2.) No objections have been filed, and the deadline to do so has expired. 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 proper 4 analysis. 5 Accordingly, 6 1. 7 8 adopted in full; 3. 9 10 The findings and recommendations issued on October 20, 2021, (Doc. No. 7), are In accordance with 28 U.S.C. § 1915(g), plaintiff’s application to proceed in forma pauperis, (Doc. No. 2), is denied; and 4. Within twenty-one (21) days following the date of service of this order, plaintiff 11 shall pay the $402.00 filing fee in full to proceed with this action. If plaintiff fails 12 to pay the filing fee within the specified time, this action will be dismissed without 13 further notice. 14 15 16 IT IS SO ORDERED. Dated: November 22, 2021 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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