(PC) Sierra v. Director of CDCR et al, No. 2:2016cv01067 - Document 64 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 5/4/17 ORDERING that the findings and recommendations filed 1/26/17, are ADOPTED in full; and Plaintiff's applications to proceed in forma pauperis (ECF Nos 15 and 35 ) are DENIED and plaintiff is ORDERED TO PAY the filing fee within thirty days of the date of this order; failure to pay the filing fee will result in dismissal of this action. (Becknal, R)
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(PC) Sierra v. Director of CDCR et al Doc. 64 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, 12 13 14 15 No. 2:16-cv-1067 MCE KJN P Plaintiff, v. ORDER DIRECTOR OF DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On January 26, 2017, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 24 objections to the findings and recommendations. (ECF No. 54.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 26, 2017, are adopted in full; and 3 2. Plaintiff’s applications to proceed in forma pauperis (ECF Nos 15 and 35) are denied 4 and plaintiff is ordered to pay the filing fee within thirty days of the date of this order; failure to 5 pay the filing fee will result in dismissal of this action. 6 IT IS SO ORDERED. 7 8 Dated: May 4, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2