(PC) Herrera v. Unknown, et al., No. 2:2021cv01170 - Document 10 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/29/2021 ADOPTING 7 Findings and Recommendations in full; DENYING 2 Motion to Proceed IFP; and DIRECTING plaintiff to pay the $402 filing fee within 14 days. (Coll, A)

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(PC) Herrera v. Unknown, 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 ROBERTO HERRERA, 12 Plaintiff, 13 14 No. 2:21-cv-01170-TLN-EFB v. ORDER UNKNOWN, 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 September 7, 2021, 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. (ECF No. 7.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 8.) 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 September 7, 2021, (ECF No. 7), are adopted 3 in full; 4 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is DENIED; and 5 3. Plaintiff is ordered to pay the $402 filing fee within fourteen days from the date of 6 service of this order and is warned that failure to do so will result in the dismissal of this action. 7 DATE: November 29, 2021 8 9 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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