(PC) Brownlee v. Poling, et al, No. 2:2007cv00658 - Document 47 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge John A. Mendez on 7/27/09 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/28/09 46 are ADOPTED in full; Defendant's Request for Judicial Notice 42 is GRANTED. Defendant's MOTION to DISMISS 42 is GRANTED, i n part; Plaintiff's In Forma Pauperis Status 9 is REVOKED. The Court's 6/19/07 12 and 13 granting in forma pauperis status and directing payment of inmate filing fee are vacated; and Within 30 days of the date of this order, Plaintiff shall pay the full filing fee of $350.00. (Mena-Sanchez, L)
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(PC) Brownlee v. Poling, et al Doc. 47 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRENCE BROWNLEE, 12 No. CIV S-07-0658-JAM-CMK-P Plaintiff, 13 vs. 14 TESS D. POLING, 15 ORDER Defendant. 16 / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On May 28, 2009, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have 23 been filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the Magistrate Judge's analysis. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 28, 2009, are adopted in 4 2. Defendant’s request for judicial notice (Doc. 42-3) is granted; 5 3. Defendant’s motion to dismiss (Doc. 42) is granted, in part; 6 4. Plaintiff’s in forma pauperis status is revoked; 7 5. The court’s June 19, 2007, orders (Docs. 12 and 13) granting in forma 3 8 full; pauperis status and directing payment of inmate filing fee are vacated; and 9 6. Within 30 days of the date of this order, plaintiff shall pay the full filing 10 fee of $350.00. 11 DATED: July 27, 2009 12 /s/ John A. Mendez 13 UNITED STATES DISTRICT JUDGE 14 15 /wimb07cv0658 16 17 18 19 20 21 22 23 24 25 26 2
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