Briggs v. Fenstermaker ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY LEE BRIGGS, Case No. 1:23-cv-0140 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING 14 DAVID FENSTERMAKER, et al., PAYMENT OF THE FILING FEE 15 Defendants. (Docs. 2, 8) 16 17 Johnny Lee Briggs seeks to hold the defendants liable for violations of his civil rights 18 pursuant to 42 U.S.C. § 1983. (Doc. 1.) On January 30, 2023, Plaintiff filed a motion to proceed 19 in forma pauperis in the action. (Doc. 2.) The assigned magistrate judge reviewed Plaintiff’s 20 prisoner trust account statement from Wasco State Prison and noted Plaintiff had $6,587.30 to his 21 credit. (Doc. 8 at 2.) The magistrate judge found Plaintiff was financially able to pay the filing 22 fee in this action and recommended the motion to proceed in forma pauperis be denied on 23 February 1, 2023. (Id. at 2-3.) 24 The Court served the Findings and Recommendations on Plaintiff and notified him that 25 any objections to were due within 14 days. (Doc. 8 at 3.) The Court also advised Plaintiff “that 26 failure to file objections within the specified time may result in the waiver of rights on appeal..” 27 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 28 objections, and the time to do so has expired. 1 According to 28 U.S.C. § 636(b)(1)(C), the Court performed a de novo review of this 2 | case. Having carefully reviewed the entire file, the Court concludes the Findings and 3 | Recommendations are supported by the record and by proper analysis. Thus, the Court 4 | ORDERS: 5 1. The Findings and Recommendations issued on February 1, 2023 (Doc. 8) are 6 ADOPTED in full. 7 2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED. 8 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 9 the $402.00 filing fee if he wishes to proceed with his action. 10 4. Plaintiff is advised that failure to pay the required filing fee as ordered will result 11 in the dismissal of this action without prejudice. 12 B IT IS SO ORDERED. 14 Dated: _ February 23, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28