(PC) Ellis v. Acob, No. 2:2021cv01632 - Document 10 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge William B. Shubb on 12/8/2021 ADOPTING 6 Findings and Recommendations in full and DENYING 5 Motion to Proceed IFP. Plaintiff shall pay the filing fee within 30 days of the service of this order or face dismissal of the case. (Donati, J)

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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 BENJAMIN ELLIS, 12 Plaintiff, 13 14 No. 2:21-cv-1632 WBS AC P v. ORDER A. ACOB, 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. On October 22, 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. 6. Plaintiff has 23 filed objections to the findings and recommendations. ECF No. 7. 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 October 22, 2021, ECF No. 6, are adopted in 3 full; 4 2. Plaintiff’s motion for leave to proceed in forma pauperis, ECF No. 5, is denied; and 5 3. Plaintiff shall pay the filing fee within thirty days of the service of this order or face 6 dismissal of the case. 7 Dated: December 8, 2021 8 9 10 11 12 13 Elli1632.804 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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