(PC) Craver v. Moore, No. 2:2017cv00303 - Document 33 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 4/11/2018 ADOPTING 30 Findings and Recommendations in full, DENYING 26 Motion to Revoke Plaintiff's IFP status and ORDERING that Defendant shall file and serve a response to the complaint within 21 days of the date of this order.(Hunt, G)
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(PC) Craver v. Moore Doc. 33 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDRE RAMON CRAVER, 12 13 14 15 No. 2:17-cv-0303 JAM CKD P Plaintiff, v. ORDER A. MOORE, Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 7, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 30.) Neither 23 party has filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 7, 2018 (ECF No. 30), are adopted 3 in full; 4 5 2. Defendant’s motion to revoke plaintiff’s in forma pauperis status (ECF No. 26) is denied. 6 7 3. Defendant shall file and serve a response to the complaint within twenty-one days of the date of this order. 8 9 10 11 DATED: April 11, 2018 /s/ John A. Mendez_________________ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2