(PC) Martinez v. Rodriguez, No. 2:2010cv01485 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 10/8/2010 FINDINGS AND RECOMMENDATIONS 13 are ADOPTED in FULL; plaintiff's 8 motion to proceed in forma pauperis is DENIED, and that plaintiff is ORDERED to submit the appropriate filing fee within 28 days from the date of the order denying plaintiff's motion. (Reader, L)
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(PC) Martinez v. Rodriguez Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GILBERT S. MARTINEZ, Plaintiff, 11 12 13 14 vs. YOLANDA RODRIGUEZ, Defendant. ORDER / 15 16 No. CIV S-10-1485 WBS GGH 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 September 15, 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 fourteen 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 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 15, 2010, are adopted in 3 full; and 4 2. Plaintiff’s motion to proceed in forma pauperis is denied, and that plaintiff is 5 ordered to submit the appropriate filing fee within twenty-eight days from the date of the order 6 denying plaintiff’s motion. 7 DATED: October 8, 2010 8 9 10 11 12 13 /mart1485.804 14 15 16 17 18 19 20 21 22 23 24 25 26 2