(PC) Joseph v. Franklin et al, No. 2:2017cv01741 - Document 13 (E.D. Cal. 2018)

Court Description: ORDER signed by Senior Judge William B. Shubb on 9/4/18 ORDERING that the FINDINGS and RECOMMENDATIONS filed 6/27/18 10 are ADOPTED in full; Plaintiff's application to proceed in forma pauperis 7 is DENIED; Plaintiff's request for an e xtension of time to file a certified trust account statement 6 and Motion to Amend 8 are DENIED as moot; Plaintiff is ORDERED to pay the $400 fling fee within fourteen days from the date of this order is served; and Plaintiff is admonished that failure to comply will result in the dismissal of this action.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALONZO JOSEPH, 12 Plaintiff, 13 14 No. 2:17-cv-1741-WBS-EFB P v. ORDER FRANKLIN, et al., 15 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 June 27, 2018, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 27, 2018, are adopted in full; 3 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 7) is denied; 4 3. Plaintiff’s request for an extension of time to file a certified trust account statement 5 6 7 8 (ECF No. 6) and motion to amend (ECF No. 8) are denied as moot; 4. Plaintiff is ordered to pay the $400 filing fee within fourteen days from the date this order is served; and 5. Plaintiff is admonished that failure to comply will result in the dismissal of this action. 9 10 Dated: September 4, 2018 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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