(PC) Dean v. Cavagnaro et al, No. 2:2009cv01339 - Document 48 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr. on 9/24/2010 FINDINGS AND RECOMMENDATIONS 46 are ADOPTED in FULL; Pltf's in forma pauperis status is REVOKED; and pltf is GRANTED 28 days from the date of this order to pay the filing fee of $350. (Reader, L)
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(PC) Dean v. Cavagnaro et al Doc. 48 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALTON E. DEAN, 11 12 13 14 Plaintiff, vs. CAVAGNARO, et al., ORDER Defendants. 15 16 No. 2:09-cv-1339 MCE KJN P / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 27, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 27, 2010, are adopted in full; 3 2. Plaintiff’s in forma pauperis status is revoked; and 4 3. Plaintiff is granted twenty-eight days from the date of this order to pay the 5 filing fee ($350.00). Failure to pay the filing fee in full will result in a recommendation that this 6 action be dismissed. 7 Dated: September 24, 2010 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2