Ruth v. Thompson West Group Publishing et al, No. 1:2023cv01231 - Document 13 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 8 Findings and Recommendations and Denying 7 Motion to Proceed IFP; ORDER Requiring Plaintiff to Pay Filing Fee in Full Within Thirty (30) Days signed by District Judge Jennifer L. Thurston on 12/18/2023. $402 filing fee due within thirty (30) days. (Lawrence, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EBER G. RUTH, 12 No. 1:23-cv-01231-JLT-SKO Plaintiff, 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Docs. 7 & 8) 14 THOMPSON WEST GROUP PUBLISHING, et al., 15 Defendants. 16 ORDER REQUIRING PLAINTIFF TO PAY FILING FEE IN FULL WITHIN THIRTY DAYS 17 Plaintiff Eber G. Ruth is a state prisoner proceeding pro se with this civil rights action. 18 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 19 and Local Rule 302. 20 On September 8, 2023, the assigned magistrate judge entered findings and 21 recommendations, recommending that Plaintiff’s motion to proceed in forma pauperis (Doc. 7) be 22 denied, pursuant to 28 U.S.C. § 1915(g), and that Plaintiff be ordered to pay the $402.00 initial 23 filing fee in full to proceed with this action. (Doc. 8 at 3.) 24 Plaintiff was provided an opportunity to file objections to the findings and 25 recommendations. The deadline to file objections has passed, and Plaintiff has not filed objections 26 or otherwise responded to the findings and recommendations.1 27 28 1 Plaintiff did, however, file a notice of appeal on September 19, 2023. (Doc. 9.) On December 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. 5 Accordingly, 6 1. 7 8 ADOPTED IN FULL. 2. 9 10 The findings and recommendations issued on September 8, 2023 (Doc. 8), are Pursuant to 28 U.S.C. § 1915(g), Plaintiff is not allowed proceed in forma pauperis in this action and his motion (Doc. 7) is DENIED. 3. If Plaintiff wants to proceed with this action, Plaintiff SHALL pay the $402 filing 11 fee in full within thirty days of the date of service of this order. If Plaintiff does not 12 timely pay the filing fee, this matter may be dismissed without further notice. 13 14 15 IT IS SO ORDERED. Dated: December 18, 2023 16 17 18 19 20 21 22 23 24 25 26 27 28 15, 2023, the United States Court of Appeals for the Ninth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction. (Doc. 12.) 2
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