(PC) Blackwell v. Jenkins ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY KARL BLACKWELL, No. 2:19-cv-00442-TLN-DB 12 Plaintiff, 13 v. ORDER 14 A. JENKINS, 15 Defendant. 16 17 Plaintiff Rodney Karl Blackwell (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 4, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within thirty days. (ECF No. 51.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 52.) 24 In his objections, Plaintiff states he previously paid $350.00 as a filing fee. (ECF No. 52 25 at 1.) Records indicate that Plaintiff did pay $350.00 on January 8, 2021. (See docket, No. 2:18- 26 cv-00442-TLN-DB.) Plaintiff was ordered to pay a $350.00 filing fee when Plaintiff’s in forma 27 pauperis status was granted on November 6, 2019. (ECF No. 19.) As Plaintiff was proceeding in 28 forma pauperis, the Court waived the administrative fee. As Plaintiff is no longer proceeding in 1 | forma pauperis, he is required to pay both the $350.00 filing fee and the $50.00 administrative 2 | fee. See 28 U.S.C. § 1914. This means Plaintiff must pay a total fee of $400.00 in order to 3 | proceed on this action. As Plaintiff has already paid $350.00, the outstanding balance is the 4 | administrative fee of $50.00. 5 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 6 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 7 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 8 The Court has reviewed the file and finds the findings and recommendations to be 9 | supported by the record and by the magistrate judge’s analysis. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The Findings and Recommendations filed March 4, 2021 (ECF No. 51), are 12 | ADOPTED IN FULL; 13 2. Defendant A. Jenkins’ (“Defendant”) Motion to Revoke Plaintiff's In Forma Pauperis 14 | Status (ECF No. 42) is GRANTED; and 15 3. This action will be DISMISSED without prejudice unless Plaintiff pays the outstanding 16 || balance of the fee for this action ($50.00) within thirty days of this Order. 17 ITIS SO ORDERED. 18 | DATED: April 13, 2021 19 ry /) 20 “ the 21 was 22 United States District Judge 23 24 25 26 27 28