(PC) Calderon v. Covello, No. 2:2024cv01309 - Document 9 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 10/23/2024 ADOPTING 7 Findings and Recommendations in full, DENYING 5 Motion to Proceed IFP, DENYING 8 Motion for Equitable Relief. Plaintiff is GRANTED fourteen days to pay the $405 filing fee. This matter is referred back to the assigned Magistrate Judge for all further pretrial proceedings. (Zignago, K.)

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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 JUAN CARLOS CALDERON, 12 13 14 15 No. 2:24-cv-1309 DJC CKD P Plaintiff, v. ORDER P. COVELLO, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 4, 2024, the Magistrate Judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice to 22 Plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. Plaintiff has filed objections to the findings and 24 recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 26 304, this Court has conducted a de novo review of this case. Having carefully 27 reviewed the entire file, the Court finds the findings and recommendations to be 28 supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 10, 2024 (ECF No. 7) are 3 4 5 adopted in full; 2. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 5) is denied; 6 3. Plaintiffs Motion for Equitable Relief (ECF No. 8) is denied; 7 4. Plaintiff is granted fourteen days from the date of this order within which to 8 pay the $405 filing fee for this action. Failure to pay the filing fee within 14 days will 9 result in dismissal; and 10 11 5. This matter is referred back to the assigned Magistrate Judge for all further pretrial proceedings. 12 13 14 IT IS SO ORDERED. Dated: October 23, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 19 cald1309.804 20 21 22 23 24 25 26 27 28 2

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