Hicks v. John Does 1 thru 5

Filing 45

ORDER ADOPTING 43 REPORT AND RECOMMENDATIONS signed by Chief Judge B. Lynn Winmill on 12/31/2009. (Case Management Deadline: 2/3/2010)(Figueroa, O)

IN THE UNITED STATES DISTRICT COURT FO R THE EASTERN DISTRICT OF CALIFORNIA FR E S N O DIVISION

M IC H A E L J. HICKS,

) ) P la intiffs , ) ) v. ) ) J. BLACKBURN, JOHN DOES 2 ) T H R U 5, et al., ) ) D e fe n d a n t s . ) ______________________________ )

C V 07-CV-00006-BLW-LMB (PC)

O R D E R ADOPTING REPORT A N D RECOMMENDATION

T he Court has before it a Report and Recommendation filed by the United S ta te s Magistrate Judge. (Docket No. 43.) The time period for filing objections to the Report has passed without either party filing an objection. Having reviewed the R e p o rt and Recommendation and having independently reviewed the record in this c a s e , the Court finds that the Report and Recommendation reflects an appropriate a p p lic a tio n of the law to the facts of this case. Therefore, the Court adopts the R e p o rt and Recommendation in full.

ORDER ADOPTING REPORT AND RECOMMENDATION - 1

ORDER N O W THEREFORE IT IS HEREBY ORDERED that the Report and R e c o mme nd a tio n (Docket No. 43) is ADOPTED in full. IT IS FURTHER HEREBY ORDERED that Defendant's Motion to Revoke P la intiff' s in Forma Pauperis Status (Docket No. 40) is GRANTED, and Plaintiff's in Forma Pauperis Status is REVOKED. IT IS FURTHER HEREBY ORDERED that Plaintiff shall have thirty (30) d a ys from the date of this Order to pay the full filing fee, and thereafter, thirty (30) a d d itio na l days to reimburse the U.S. Marshal Service for the costs of service, if a ny. Failure to pay these fees and costs within this time frame will result in d is mis s a l of Plaintiff's case without prejudice under Rule 41 without further notice to Plaintiff.

DATED: December 31, 2009

Honorable B. Lynn Winmill Chief U. S. District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION - 2