Lipsey v. State of California ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FANCY MOORE LIPSEY, Case No. 1:23-cv-00976-ADA-SAB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY 13 v. PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS AND REQUIRE 14 STATE OF CALIFORNIA, et al, PLAINTIFF TO PAY THE FILING FEE 15 Defendants. (ECF Nos. 3, 6, 8) 16 17 18 19 20 Plaintiff Fancy Moore Lipsey (“Plaintiff”), a state prisoner proceeding with counsel, 21 initiated this civil rights action on June 29, 2023. (ECF No. 1.) Plaintiff did not pay the filing fee 22 and instead filed an application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 23 1915. (ECF Nos. 3, 6.) On July 7, 2023, the Magistrate Judge issued findings and 24 recommendations recommending Plaintiff’s application to proceed IFP be denied, on the basis 25 that Plaintiff has $20,083.79 in the prison trust account, and that Plaintiff be required to pay the 26 filing fee or face dismissal of the action. (ECF No. 8.) The Magistrate Judge provided Plaintiff 27 fourteen days to file objections to the findings and recommendations. 28 The time to file objections has expired and Plaintiff has not filed any objections to the 1 | findings and recommendations. 2 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 3 United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of 4 | thecase. Having carefully reviewed the matter, the Court finds the Findings and 5 || Recommendations are supported by the record and proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations dated July 6, 2023 (ECF No. 8), are 8 ADOPTED IN FULL; 9 2. Plaintiffs application to proceed in forma pauperis (ECF No. 3) is DENIED; 10 3. Plaintiff is ordered to submit the appropriate filing fee in full no later than thirty 11 (30) days from the date of service of this order; and 12 4. Plaintiff is warned that failure to comply with this order will result in dismissal of 13 this action. 14 15 16 | IT IS SO ORDERED. 17 Dated: _ September 4, 2023 is UNITED fTATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28