IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 14, 2013
THOMAS EUGENE MOORE, PLAINTIFF,
R. BROWN, ET AL., DEFENDANTS.
On January 9, 2013, the Magistrate Judge issued an order finding that plaintiff is precluded from proceeding in forma pauperis under 28 U.S.C. § 1915(g), and was therefore required to pay the filing fee before this action may proceed. (ECF 5.) On January 15, 2013, pursuant to the mailbox rule,*fn1 plaintiff filed a request for reconsideration of that order.
Local Rule 303(f) provides that a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file,*fn2 the court finds that it does not appear that the magistrate judge's ruling was clearly erroneous or contrary to law.
Therefore, IT IS HEREBY ORDERED that:
1. Upon reconsideration (ECF 8), the order of the magistrate judge filed January 9, 2013 (ECF 5), is affirmed; and
2. Plaintiff is granted fourteen days in which to submit the appropriate filing fee.