(PC) Manago v. Cate et al, No. 2:2013cv00081 - Document 10 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 4/30/13. The 7 Motion to Proceed IFP is DENIED; plaintiff is required to pay the $350.00 filing fee within 28 days. (Manzer, C)

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(PC) Manago v. Cate et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEWART MANAGO, 11 Plaintiff, 12 13 14 vs. MATTHEW L. CATE, et al., Defendants. 15 16 No. 2:13-cv-0081 GEB AC P ORDER / 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 April 2, 2013, the magistrate judge filed findings and recommendations herein 20 which were served on plaintiff and which contained notice to plaintiff that any objections to the 21 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 April 2, 2013, are adopted in full; 3 2. Plaintiff’s request to proceed in forma pauperis is denied; 4 3. Plaintiff is required to pay the filing fee of $350.00 in full within twenty-eight 5 days of the date of this order in order to proceed in this action; and 6 4. Failure to pay the filing fee in full as directed will result in dismissal of this 7 action. 8 Dated: April 30, 2013 9 10 11 GARLAND E. BURRELL, JR. Senior United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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