Alfaro v. United States of America

Filing 4

ORDER ADOPTING 3 FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 10/18/2012. Plaintiff's 2 Motion to Proceed In Forma Pauperis is DENIED and Ms. Alfaro is given 28 days in which to pay the filing fee of $350.00. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MIKA C. ALFARO,
Plaintiff,

12
vs.

13
14

UNITED STATES OF AMERICA,
Defendant.

15
16

No. 2:12-cv-2113 KJM GGH PS

ORDER

__________________________________/

17

On September 11, 2012, the magistrate judge filed findings and

18

recommendations, which were served on the parties and which contained notice that any

19

objections to the findings and recommendations were to be filed within fourteen days. No

20

objections were filed.
The court presumes that any findings of fact are correct. See Orand v. United

21
22

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

23

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

24

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

25

be supported by the record and by the proper analysis.

26

/////
1

1

Accordingly, IT IS ORDERED that

2

1. The Findings and Recommendations filed September 11, 2012, are

3

ADOPTED;

4
5

2. Plaintiff’s application to proceed in forma pauperis, filed August 13, 2012, is
denied, and

6

3. Plaintiff is given twenty-eight (28) days in which to pay the filing fee of

7

$350.00. Failure to pay the filing fee within the required time will result in dismissal of this

8

action.

9

DATED: October 18, 2012.

10
11

UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2