-CMK (TEMP)(PC) Watts v. Flory et al, No. 2:2010cv02688 - Document 11 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 1/13/2011 ORDERING 7 the findings and recommendations are hereby VACATED; the 2 motion to proceed IFP is DENIED; pltf has 21 days to pay the filing fee required to proceed w/ this action. (Yin, K)
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-CMK (TEMP)(PC) Watts v. Flory et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY WATTS, 11 Plaintiff, 12 13 vs. C/O FLORY, et al., 14 Defendants. 15 ORDER / 16 17 No. CIV S-10-2688 GEB CMK (TEMP) P Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. 18 On December 8, 2010, the magistrate judge recommended that the action be 19 dismissed because plaintiff had failed to keep the court apprised of his new address. On January 20 3, 2011, plaintiff filed objections which contained his new address. 21 On November 18, 2010, the magistrate judge then assigned to this case found that 22 plaintiff had not made an adequate showing of indigency in his affidavit in support of his 23 application to proceed in forma pauperis under 28 U.S.C. § 1915(a). See Docket No. 5. Plaintiff 24 must therefore pay the $350.00 filing fee in order to proceed with this action. 25 ///// 26 ///// 1 Dockets.Justia.com 1 IT IS THEREFORE ORDERED that: 2 1. The findings and recommendations filed December 8, 2010 are hereby 3 vacated. 4 2. The motion to proceed in forma pauperis (Docket No. 2) is denied. 5 3. Plaintiff has twenty-one days from the entry of this order in which to pay the 6 filing required to proceed with this action. 7 8 DATED: January 13, 2011 9 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 hm watt2vf&r 15 16 17 18 19 20 21 22 23 24 25 26 2
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