James Carl Kelly v. R. Cross

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations after Plaintiff James Carl Kelly filed no objections. The court denied Plaintiff's applications to proceed in forma pauperis, ordered him to pay the required $405 filing fee within 30 days or face dismissal, and referred the matter back to the magistrate judge for further pretrial proceedings.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full after reviewing the record and determining that they were supported by the record and proper analysis.
2. Plaintiff's applications to proceed in forma pauperis were denied, and he was ordered to pay the entire $405.00 filing fee within thirty days or face dismissal of the action.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when Plaintiff filed no objections.
2. Whether Plaintiff's applications to proceed in forma pauperis should be denied and Plaintiff required to pay the full filing fee.

Disposition

other