Moten v. Sosa

Filing 33

ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez GRANTING (nunc pro tunc) the 30 Motion for Extension of time; DENYING with prejudice 15 Motion to Proceed IFP; plaintiff shall submit the full $400.00 filing fee within 14 days. Failure to timely comply with this directive will result in the dismissal of this action. (Benson, A.)

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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 JESSE T. MOTEN, 12 No. 2:17-cv-0068 JAM AC P Plaintiff, 13 v. 14 K. SOSA, et al., 15 ORDER Defendant. 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. 20 On January 26, 2018, the magistrate judge filed findings and recommendations herein 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 obtained 23 repeated extensions of time within which to file objections to the findings and recommendations. 24 Plaintiff’s most recent request for extended time, ECF No. 30, is granted nunc pro tunc. The 25 court has reviewed plaintiff’s objections and request for judicial notice filed September 10, 2018. 26 See ECF Nos. 31, 32. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 1 1 court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s request for extended time to file objections to the findings and 5 recommendations, ECF No. 30, is granted nunc pro tunc; 6 2. The findings and recommendations filed January 26, 2018, are adopted in full; 7 3. Plaintiff’s motion to proceed in forma pauperis, ECF No. 15, is denied with prejudice 8 9 10 11 under 28 U.S.C. § 1915(g); 4. Plaintiff is directed to submit the full filing fee in the amount of $400.00 within fourteen (14) days after the filing date of this order; and 5. Failure to timely comply with this directive will result in the dismissal of this action. 12 13 14 15 DATED: November 8, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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