Wilson v. Lesane et al

Filing 8

ORDER signed by District Judge John A. Mendez on 12/27/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/14/16 6 are ADOPTED in full; Plaintiff's Application to Proceed IFP 2 is DENIED; and Plaintiff is ORDERED to pay the appropriate filing fee within fourteen days from the date of this order. Failure to pay the fees will result in dismissal of the complaint. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID W. WILSON, 12 No. 2:16-cv-1795 JAM KJN P Plaintiff, 13 v. ORDER 14 SGT. LARRY LeSANE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 14, 2016, the magistrate judge filed findings and recommendations herein 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 14, 2016, are adopted in full; 3 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is denied; and 4 3. Plaintiff is ordered to pay the appropriate filing fee within fourteen days from the date of this 5 order. Failure to pay the fees will result in dismissal of the complaint. 6 DATED: December 27, 2016 7 /s/ John A. Mendez__________________________ 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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