(PC)Blacher v. Kernan et al, No. 2:2018cv01620 - Document 10 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 09/20/18 DENYING 5 Motion to Proceed IFP. Plaintiff is ordered to pay the $400 filing fee within 14 days. (Benson, A.)

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(PC)Blacher v. Kernan et al Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARLON JESSE BLACHER, 12 Plaintiff, 13 14 No. 2:18-cv-1620-MCE-EFB P v. ORDER SCOTT KERNAN, 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. On August 15, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the 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 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 15, 2018, (ECF No. 8) are ADOPTED 3 in full; 4 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 5) is DENIED; and 5 3. Plaintiff is ordered to pay the $400 filing fee within fourteen days from the date of this 6 7 8 order and is warned that failure to do so will result in the dismissal of this action. IT IS SO ORDERED. Dated: September 20, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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