Sierra v. Director of CDCR et al

Filing 64

ORDER signed by District Judge Morrison C. England, Jr on 5/4/17 ORDERING that the findings and recommendations filed 1/26/17, are ADOPTED in full; and Plaintiff's applications to proceed in forma pauperis (ECF Nos 15 and 35 ) are DENIED and plaintiff is ORDERED TO PAY the filing fee within thirty days of the date of this order; failure to pay the filing fee will result in dismissal of this action. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ALAN SIERRA,

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No. 2:16-cv-1067 MCE KJN P

Plaintiff,
v.

ORDER

DIRECTOR OF DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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

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

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 26, 2017, the magistrate judge filed findings and recommendations herein

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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 fourteen days. Plaintiff has filed

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objections to the findings and recommendations. (ECF No. 54.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 26, 2017, are adopted in full; and

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2. Plaintiff’s applications to proceed in forma pauperis (ECF Nos 15 and 35) are denied

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and plaintiff is ordered to pay the filing fee within thirty days of the date of this order; failure to

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pay the filing fee will result in dismissal of this action.

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IT IS SO ORDERED.

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Dated: May 4, 2017

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