(PC) Livingston v. Sanchez et al, No. 1:2010cv01152 - Document 12 (E.D. Cal. 2010)

Court Description: ORDER Adopting Findings And Recommendations (Doc. 8 ), signed by Chief Judge Anthony W. Ishii on 9/27/2010. The Court ORDERS that: The July 19, 2010 Findings and Recommendations are ADOPTED in full; and Plaitniff's June 25, 2010 application to proceed in forma pauperis 2 is DENIED. (Scrivner, E)
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(PC) Livingston v. Sanchez et al Doc. 12 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 WARNER LIVINGSTON, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-01152-AWI-SKO PC ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. J. SANCHEZ, et al., 13 (Doc. 8) Defendants. / 14 15 Plaintiff Warner Livingston (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On July 19, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Plaintiff’s application to proceed in forma pauperis be denied. (Doc. #8.) 20 Plaintiff’s application to proceed in forma pauperis indicated that Plaintiff was able to afford the 21 filing fee for this action and that Plaintiff intended to pay the filing fee in full. On August 11, 2010, 22 Plaintiff paid the filing fee of $350.00 for this action. The Findings and Recommendations were 23 served on Plaintiff and contained notice to Plaintiff that any objections to the Findings and 24 Recommendations were to be filed within thirty (30) days of the date on which the Findings and 25 Recommendations were served. 26 Recommendations. 27 /// 28 /// Plaintiff did not file objections to the Findings and 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 2 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 3 finds the Findings and Recommendations to be supported by the record and by proper analysis. 4 Accordingly, the Court HEREBY ORDERS that: 5 1. The July 19, 2010 Findings and Recommendations are ADOPTED in full; and 6 2. Plaintiff’s June 25, 2010 application to proceed in forma pauperis is DENIED. 7 8 IT IS SO ORDERED. 9 10 Dated: 0m8i78 September 27, 2010 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2