Lemus v. County of Merced

Filing 6

ORDER adopting in full 5 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 2/11/15. Plaintiff's 2 motion to proceed in forma pauperis is DENIED. Plaintiff shall pay the filing fee of $400 within 30 days of the entry of this Order. Failure to comply with this Order will result in the dismissal of this action for failure to obey a court order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-02030-KJM-GSA

NOEL LEMUS,
Plaintiff,

ORDER

v.
COUNTY OF MERCED and
DEFENDANT OFFICER DOES 1
THROUGH 50,
Defendant.

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On December 19, 2014, plaintiff filed a civil complaint, as well as a motion to proceed in

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forma pauperis. ECF Nos. 1, 2. On January 6, 2015, the Magistrate Judge issued Findings and

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Recommendations that the motion be denied. ECF No. 5. The Findings and Recommendations

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were served on plaintiff with instructions that any objections be filed within fifteen (15) days. To

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date, no objections have been filed.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1) The Findings and Recommendations dated January 6, 2015 (ECF No. 5), are
ADOPTED IN FULL;
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2) The motion to proceed in forma pauperis filed by the Plaintiff on December 19,
2014 is DENIED;
3) Plaintiff shall pay the filing fee of $400 within thirty (30) days of the entry of this
Order; and,
4) Failure to comply with this Order will result in the dismissal of this action for
failure to obey a court order.
DATED: February 11, 2015.

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UNITED STATES DISTRICT JUDGE

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