(PC) Woody v. Mnuchin ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN F. WOODY, JR., No. 2:20-cv-02328-TLN-AC 12 Plaintiff, 13 v. ORDER 14 STEPHEN MNUCHIN, et al., 15 Defendant. 16 17 Plaintiff John F. Woody, Jr. (“Plaintiff”), a state prisoner proceeding pro se, has filed this 18 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 May 17, 2021, the magistrate judge filed findings and recommendations herein which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 15.) On June 2, 2021, 23 Plaintiff filed Objections to the Findings and Recommendations. (ECF No. 16.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 25 Court has conducted a de novo review of this case. See McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 27 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). Having reviewed the file under the 28 /// 1 | applicable legal standards, the Court finds the Findings and Recommendations to be supported by 2 | the record and by the magistrate judge’s analysis. 3 Plaintiff has been aware since at least April 14, 2021, that he was required to pay the filing 4 | fee in order to proceed with this action or face dismissal. Plaintiff's June 2, 2021 objections 5 | indicate he has the capacity and intent to immediately pay the required fee (see ECF No. 16 at 2), 6 | but a review of the case reflects that, to date, he has still failed to do so. His objections are 7 | therefore overruled. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The Findings and Recommendations filed May 17, 2021 CECF No. 15), are ADOPTED 10 | IN FULL. 11 2. This action is DISMISSED without prejudice. 12 The Clerk of the Court is directed to close this case. 13 IT IS SO ORDERED. 14 | DATED: July 1, 2021 15 ( jf 16 “ ! Vota 17 Troy L. Nuhlep ] 18 United States District Judge 19 20 21 22 23 24 25 26 27 28