(PC) Clemente v. Stinson, No. 2:2019cv00789 - Document 9 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr. on 9/10/2019 ADOPTING in FULL 7 Findings and Recommendations, and DENYING 4 Motion to Proceed in forma pauperis. (Reader, 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 MARCELINO CLEMENTE, 12 13 14 No. 2:19-cv-00789-MCE-EFB P Plaintiff, v. ORDER STINSON, 15 Defendant. 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 July 24, 2019, 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 not filed objections to 23 the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed July 24, 2019, are adopted in full; 28 2. Plaintiff’s application (ECF No. 4) is denied; and 1 1 3. Within thirty days of the date of service of this order, plaintiff is required to pay the 2 $400 filing fee before proceeding with this action and is admonished that failure to comply will 3 result in dismissal of this action. 4 5 IT IS SO ORDERED. Dated: September 10, 2019 6 7 8 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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