Himebauch v. Kaweah Delta Med. Ctr.

Full title: JAMES HIMEBAUCH, Plaintiff, v. KAWEAH DELTA MEDICAL CENTER, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jun 19, 2012

CASE NO. 12-CV-0587 LJO BAM (E.D. Cal. Jun. 19, 2012)

Opinion

CASE NO. 12-CV-0587 LJO BAM

06-19-2012

JAMES HIMEBAUCH, Plaintiff, v. KAWEAH DELTA MEDICAL CENTER, Defendant.

Lawrence J. O'Neill

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DENYING

PLAINTIFF'S IN FORMA PAUPERIS

APPLICATION;

ORDER TO SHOW CAUSE

Plaintiff James Himebauch ("Plaintiff"), an individual proceeding pro se, filed a motion to proceed in forma pauperis (the "IFP Motion"). (Doc. 2.) On May 31, 2012, the Magistrate Judge issued Findings and Recommendations recommending the IFP Motion be denied, noting that Plaintiff's IFP Application demonstrated Plaintiff had the financial resources to pay the $350.00 filing fee. (Doc. 5.) The Magistrate Judge also recommended that Plaintiff be required to pay the $350 dollar filing fee by June 15, 2012. (Doc. 5.)

The March 2, 2012 Findings and Recommendations were served on the parties and contained notice to the parties that any objections to the Findings and Recommendations were to be filed within fifteen days of the date of the Order. (Doc. 5.) The parties have not filed timely objections to the Findings and Recommendations.

In accordance with the provisions of Title 28 of the United States Code section 636(b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, May 31, 2012, are adopted in full;

2. Plaintiff's Motion to Proceed in forma pauperis is denied;

3. Plaintiff is required to pay the filing fee of $350.00.

The Court further ORDERS Plaintiff to SHOW CAUSE as to why he did not pay the required filing fee by June 15, 2012. Within FIVE days of the date of this ORDER, Plaintiff shall, in writing, show cause, if any, as to why Plaintiff's action should not be dismissed for failure to follow court orders and to satisfy filing fee requirements.

Failure to respond to this Order to Show Cause will result in dismissal of this action. IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE