Vaught v. Sandoval et al

Filing 47

ORDER adopting in full 38 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 9/7/11. Defendant's 32 motion to dismiss and to revoke plaintiff's in forma pauperis status is DENIED. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELBERT LEE VAUGHT, IV,
Plaintiff,

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vs.

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No. 2:10-cv-1558-KJM-KJN-P

E. SANDOVAL, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 31, 2011, the magistrate judge filed findings and recommendations,

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days. Neither party has

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filed objections to the findings and recommendations.
The court thus presumes that any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 31, 2011, are adopted in full.

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2. Defendant’s motion to dismiss and to revoke plaintiff’s in forma pauperis

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status (ECF 32) is denied.

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DATED: September 7, 2011.

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UNITED STATES DISTRICT JUDGE

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/vaug1558.801

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