(PC) Miller v. Montgomery, No. 2:2023cv00100 - Document 8 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 5/10/2023 ADOPTING 7 The Findings and Recommendations in full; DENYING 2 Motion to Proceed IFP; and Plaintiff shall pay the $402 filing fee within fourteen (14) days from the date of this Order. Failure to do so will result in the dismissal of this action. (Mena-Sanchez, L)

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(PC) Miller v. Montgomery Doc. 8 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 Plaintiff, 13 14 No. 2:23-cv-0100-TLN-EFB v. ORDER ANDREW MONTGOMERY, 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 February 6, 2023, 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. Plaintiff has not filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 1. The findings and recommendations filed February 6, 2023 (ECF No. 7), are ADOPTED IN FULL; 6 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is DENIED; and 7 3. Plaintiff shall pay the $402 filing fee within fourteen (14) days from the date of this 8 9 Order. Failure to do so will result in the dismissal of this action. DATE: May 10, 2023 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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