(PC)Reynolds v. Arellano et al, No. 1:2022cv01482 - Document 10 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 3 Findings and Recommendations, signed by District Judge Ana de Alba on 5/31/2023. Within thirty (30) days following service of this order, Plaintiff shall pay the $402.00 filing fee in full to proceed with this action. The matter is referred back to the Magistrate Judge for further proceedings. (Rivera, O)
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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 TYRONE REYNOLDS, Plaintiff, 12 13 No. 1:22-cv-01482-ADA-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 2, 3) 14 15 P. ARELLANO, et al., Defendants. 16 17 Plaintiff Tyrone Reynolds is proceeding pro se in this civil rights action filed pursuant to 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 18, 2022, the assigned Magistrate Judge issued findings and 21 recommendations recommending that Plaintiff’s application to proceed in forma pauperis be 22 denied on the grounds that he is financially able to pre-pay the entire filing fee to commence this 23 action. (ECF No. 3.) The findings and recommendations contained notice that any objections 24 thereto must be filed within fourteen (14) days of service. (Id. at 5.) On January 5, 2023, 25 Plaintiff untimely filed his objections due to a change of address and re-service by mail. (See 26 Docket.) In his objections, Plaintiff asks the Court to allow time to pay the filing fee. (ECF No. 27 9.) Plaintiff states that the payment has been sent, however, the Court has yet to receive this 28 payment. (Id.; see Docket.) Plaintiff requests the Court allow them to proceed in forma pauperis 1 1 but does not provide argument responsive to the reasoning raised in the findings and 2 recommendations. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s 5 objections, the Court concludes that the findings and recommendations are supported by the 6 record and proper analysis. 7 Accordingly, 8 1. are adopted in full; 9 10 2. 3. 4. Failure to pay the required filing fee in full within the specified time will result in the dismissal of this case; and 15 16 Within thirty (30) days following service of this order, Plaintiff shall pay the $402.00 filing fee in full to proceed with this action; 13 14 In accordance with 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma pauperis (ECF No. 2), is denied; 11 12 The findings and recommendations issued on November 18, 2022 (ECF No. 3), 5. The matter is referred back to the Magistrate Judge for further proceedings. 17 18 19 20 IT IS SO ORDERED. 21 Dated: May 31, 2023 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2
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