Betancourt v. Total Property Management ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CESAR A. BETANCOURT, ) Case No.: 1:22-cv-0033 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DENYING 13 v. ) PLAINTIFF’S MOTION TO PROCEED IN FORMA ) PAUPERIS AND DIRECTING PLAINTIFF TO 14 TOTAL PROPERTY MANAGEMENT, ) PAY THE FILING FEE ) 15 Defendant. ) (Docs. 2, 3) ) 16 ) 17 Cesar Betancourt seeks to hold Total Property Management liable for violating the Coronavirus 18 Aid, Relief, and Economic Security Act. On January 7, 2022, Plaintiff initiated this action by filing a 19 complaint with a motion to proceed in forma pauperis. (Docs. 1, 2.) On January 12, 2022, the 20 assigned magistrate judge found the information provided by Plaintiff with his application indicated 21 Plaintiff could afford to pay the Court’s filing fee. (Doc. 4 at 1.) Thus, the magistrate judge 22 recommended Plaintiff’s motion to proceed in forma pauperis be denied without prejudice, and the 23 Court direct Plaintiff to pay the filing fee for this action. (Id. at 2.) 24 The Court granted Plaintiff 21 days to file objections to the findings and recommendations. 25 (Doc. 3 at 3.) In addition, the Court informed Plaintiff that the “failure to file objections within the 26 specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 27 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) The deadline to file 28 objections has passed, and no objections were filed. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley Unitec 2 || School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 3 || Having carefully reviewed the file, the Court finds the findings and recommendations are supported t 4 || the record and proper analysis. Accordingly, the Court ORDERS: 5 1. The Findings and Recommendations dated January 12, 2022 (Doc. 3) are adopted in 6 full; and 7 2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED without prejudic 8 3. Plaintiff SHALL pay the $402.00 filing fee for this action within fourteen days of the 9 date of filing of this order. Failure to timely pay the filing fee will result in dismissal ¢ 10 this action. 11 12 IS SO ORDERED. 13 | Dated: □ February 11, 2022 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28