Barefield v. HSBC Mortgage Services, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEBRA BAREFIELD, Case No. 1:21-cv-0613 JLT CDB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING 13 v. PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL 14 HSBC MORTGAGE SERVICES, INC., et al.., (Docs. 69, 73) 15 Defendants. 16 17 On April 25, 2023, the assigned magistrate judge found Plaintiff’s appeal is frivolous, and 18 issued Findings and Recommendations to deny Plaintiff’s application to proceed in forma 19 pauperis on appeal. (Doc. 73.) The Findings and Recommendations were served on upon all 20 parties on the same day and contained a notice that any objections were due within 14 days. (Id. 21 at 4.) Plaintiff was also advised that “failure to file objections within the specified time may 22 result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 23 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) More than 14 days 24 have passed, and no objections were filed. 25 Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 26 Having carefully reviewed the entire action, the Court concludes the Findings and 27 Recommendations are supported by the record and by proper analysis. /// 1 Based upon the foregoing, the Court ORDERS: 2 1. The Findings and Recommendations issued on April 25, 2023 (Doc. 73) are 3 adopted in full. 4 2. Plaintiff's motion to proceed in forma pauperis on appeal (Doc. 69) is denied. 5 6 IT IS SO ORDERED. Dated: _ May 19, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28