(PS) Alfaro v. Marin, No. 2:2010cv02372 - Document 4 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr. on 10/1/2010 PROPOSED FINDINGS AND RECOMMENDATIONS 3 are ADOPTED in FULL; DENYING 2 Plaintiff's Motion to Proceed IFP; Pltf is GRANTED 30 days in which to pay the filing fee of $350; pltf is admonished that failure to timely pay the filing fee will result in a recommendation by the magistrate judge that this action be dismissed. (Reader, L)
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(PS) Alfaro v. Marin Doc. 4 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 LETICIA MARIN, 14 No. CIV S-10-2372 MCE EFB PS Defendant. __________________________________/ ORDER 15 16 On September 7, 2010, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings 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 September 7, 2010, are 3 ADOPTED. 4 2. Plaintiff’s application to proceed in forma pauperis is denied. 5 3. Plaintiff is granted thirty days in which to pay the filing fee of $350. 6 4. Plaintiff is admonished that failure to timely pay the filing fee will result in a 7 8 recommendation by the magistrate judge that this action be dismissed. Dated: October 1, 2010 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2