Opinion
Case No. C07-5540RBL.
November 2, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed, the Report and Recommendation of Magistrate Judge J. Kelley Arnold, objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation. The Court, however, amends the Report and Recommendation to reflect that the money awarded plaintiff in his prior settlement was $8,257.24 (after deductions for previous debts and before attorney's fees, if any). The actual amount of the settlement does not change the conclusion that plaintiff is able to pay the filing fee.
(2) The application to proceed in forma pauperis is DENIED. Plaintiff has thirty days from the date of this order to pay the full $350.00 dollar filing fee. If the filing fee is not received in thirty days, the clerk's office is instructed to dismiss this action WITHOUT PREJUDICE
The Clerk is directed to send copies of this Order to plaintiff, and to the Hon. J. Kelley Arnold and note a date on Judge Arnold's calendar thirty days from today so this action can be tracked.