(PC) Allen v. Wells, et al., No. 2:2017cv01793 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 9/25/18 ADOPTING 11 FINDINGS AND RECOMMENDATIONS and DENYING 9 Motion to Proceed IFP. Plaintiff is directed to pay the filing fee of $400.00 in full within twenty-one days from the date of service of this order. (Kaminski, H)

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(PC) Allen v. Wells, et al. Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DEWAYNE ALLEN, 12 Plaintiff, 13 14 No. 2:17-cv-1793-MCE-EFB v. ORDER WELLS, et al., 15 Defendants. 16 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 3, 2018, the Magistrate Judge filed findings and recommendations (ECF No. 11) 20 21 herein which were served on Plaintiff and which contained notice that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and proper analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 11) filed July 3, 2018, are ADOPTED in 3 full; 4 2. Plaintiff’s Motion to Proceed in Forma Pauperis (ECF No. 9) is DENIED; 5 3. Plaintiff is directed to pay the filing fee of $400.00 in full within twenty-one days 6 7 8 9 10 from the date of service of this order; and 4. Plaintiff is admonished that failure to timely comply will result in dismissal of this action. IT IS SO ORDERED. Dated: September 25, 2018 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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