Wolinski v. Moeckly

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The court denied Plaintiff’s application to proceed in forma pauperis, directed payment of the filing fee within 30 days, and referred the matter back to the magistrate judge for further pretrial proceedings.

Holdings

1. Notice that plaintiff had fourteen days to object to the magistrate judge's findings and recommendations was sufficient to constitute notice of the potential disqualification under 28 U.S.C. § 1915(g).
2. The district court adopted the magistrate judge's findings and recommendations in full after reviewing the record and receiving no objections.
3. Plaintiff's application to proceed in forma pauperis was denied, and plaintiff was directed to tender the filing fee within thirty days.

Questions Presented

1. Whether the notice accompanying the magistrate judge's findings and recommendations was sufficient to notify plaintiff of the potential disqualification under 28 U.S.C. § 1915(g).
2. Whether the district court should adopt the magistrate judge's findings and recommendations in the absence of objections.
3. Whether plaintiff's application to proceed in forma pauperis should be denied.

Disposition

other