(PS) Alfaro v. Scott, No. 2:2010cv00892 - Document 5 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 8/18/2010 ORDERING 4 FINDINGS AND RECOMMENDATIONS are adopted; Plaintiff's 2 Motion to Proceed IFP is denied; plaintiff is given 30 days in which to pay the filing fee; and failure to pay the filing fee will result in a recommendation of dismissal by the magistrate judge. (Matson, R)
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(PS) Alfaro v. Scott Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKA ALFARO, 11 Plaintiff, 12 vs. 13 No. CIV S-10-0892 JAM EFB PS MARK SCOTT, 14 Defendants. 15 __________________________________/ 16 ORDER On May 17, 2010, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 The court has reviewed the applicable legal standards and, good cause appearing, 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed May 17, 2010, are 3 ADOPTED; 4 2. Plaintiff’s application to proceed in forma pauperis is denied; 5 3. Plaintiff is given thirty days in which to pay the filing fee of $350.00; and 6 4. Failure to pay the filing fee will result in a recommendation of dismissal by the 7 magistrate judge. 8 DATED: August 18, 2010 9 10 /s/ John A. Mendez 11 U. S. DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2