(PC) Stuckey v. State of California et al, No. 2:2020cv00834 - Document 37 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/10/2022 ADOPTING 36 Findings and Recommendations in full; GRANTING 30 Motion to Revoke IFP Status; REVOKING plaintiff's IFP status; and DIRECTING plaintiff to pay the $402 filing fee within 21 days. Failure to pay the $402 filing fee within 21 days will result in this action being dismissed without prejudice. (Coll, A)

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(PC) Stuckey v. State of California et al Doc. 37 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDRE KENNETH STUCKEY, JR., 12 13 14 No. 2:20-cv-00834-TLN-JDP Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 10, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 36.) Neither 23 party has filed objections to the findings and recommendations. 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. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed November 10, 2021, (ECF No. 36), are adopted in full; 1 Dockets.Justia.com 2. Defendants’ motion to revoke plaintiff’s in forma pauperis status, (ECF No. 30), is 1 2 granted. 3 3. Plaintiff’s in forma pauperis status is revoked. 4 4. Plaintiff shall pay the $402 filing fee within twenty-one days of the date of this order; 5 6 and 5. Failure to pay the $402 filing fee within twenty-one days will result in this action being 7 dismissed without prejudice. 8 DATED: January 10, 2022 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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