(PC) Miller v. Thomas et al, No. 2:2021cv02001 - Document 11 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 06/15/2022 ADOPTING 10 Findings and Recommendations in full; DENYING 2 Motion to Proceed IFP. This action is DISMISSED without prejudice to refiling upon pre-payment of the filing fee or an adequate showing of indigency. CASE CLOSED. (Rodriguez, E)

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(PC) Miller v. Thomas et al Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH LEE MILLER, 12 13 14 No. 2:21-cv-02001-TLN-DB Plaintiff, ORDER v. J. THOMAS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, 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 March 28, 2022, the magistrate judge filed findings and recommendations herein 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 20 days. (ECF No. 10.) Plaintiff has not 23 filed objections to 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: 27 28 1. The Findings and Recommendations filed March 28, 2022, (ECF No. 10) are adopted in full; and 1 Dockets.Justia.com 1 2. Plaintiff’s Application to Proceed in Forma Pauperis (ECF No. 2) is DENIED and this 2 action is DISMISSED without prejudice to refiling upon pre-payment of the filing fee or an 3 adequate showing of indigency under 28 U.S.C. § 1915(a); and 4 3. The Clerk of the Court is directed to close this case. 5 DATE: June 15, 2022 6 7 8 9 Troy L. Nunley United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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