(PC) Trevino v. Burke et al, No. 2:2021cv01415 - Document 40 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Daniel J. Calabretta on 05/11/23 ADOPTING 37 Findings and Recommendations in full, GRANTING 29 Motion to Revoke IFP Status and DIRECTING plaintiff to PAY $52.00 administrative fee within 21 days (cc: Financial). (Benson, A.)
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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 ROBERT TREVINO, Plaintiff, 12 13 14 15 No. 2:21-cv-01415-DJC-JDP (PC) v. ORDER G. BURKE, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 25, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. The Court observes that this procedure is sufficient to constitute notice to the 24 Plaintiff of the potential disqualification under 28 U.S.C. 1915(g) as required by 25 Andrews v. King, 398 F.3d 1113, 1120. Plaintiff has filed objections to the findings and 26 recommendations. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed 1 1 the entire file, the Court finds the findings and recommendations to be supported by 2 the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed April 25, 2023, are adopted in full; 5 and 2. Defendants’ motion to revoke in forma pauperis status, ECF No. 29, is 6 7 granted, and that plaintiff is directed to tender the administrative fee of $52 within 8 twenty-one days of this order.1 9 10 IT IS SO ORDERED. 11 12 May 11, 2023 Dated: Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 The fee for filing a civil rights action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28 U.S.C. § 1914(b). The $52 administrative fee does not apply to persons granted in forma pauperis status under 28 U.S.C. § 1915. Plaintiff paid the $350 filing fee on April 5, 2023. However, since his in forma pauperis status has been revoked, he must pay the $52 administrative fee. See id. § 1914(b). 2 1 26 27 28
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