(PC) Driver v. Pohovich et al, No. 2:2022cv01672 - Document 10 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/15/2023 ADOPTING 8 The Findings and Recommendations in full; DENYING 2 Motion to Proceed IFP; Plaintiff shall pay the $402 filing fee within thirty (30) days of receiving this order to proceed with this action. (Mena-Sanchez, L)

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(PC) Driver v. Pohovich 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 BILLY DRIVER, Jr., 12 Plaintiff, 13 14 No. 2:22-cv-1672-TLN-DB v. ORDER POHOVICH, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 18 U.S.C. § 1983. Plaintiff claims that officers used excessive force against him on two occasions. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. On February 1, 2023, the magistrate judge filed findings and recommendations herein 21 22 which were served on Plaintiff, and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within twenty-one (21) days. Plaintiff has not 24 filed objections to the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. 27 /// 28 /// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed February 1, 2023 (ECF No. 8) are ADOPTED IN FULL 4 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED; and 5 3. Plaintiff shall pay the $402 filing fee within thirty (30) days of receiving this order to 6 7 proceed with this action. Date: November 15, 2023 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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