McElroy v. Warden et al

Filing 19

ORDER signed by District Judge Morrison C. England, Jr. on 2/13/2018 ADOPTING 16 findings and recommendations in full. Plaintiff's 12 Motion to Proceed IFP is DENIED. Plaintiff is accorded fourteen (14) days from the date of this order to submit the full filing fee ($400.00) in order to proceed with this action. If Plaintiff fails to timely submit the full filing fee, this action will be dismissed without prejudice and without further notice to the parties. (Zignago, K.)

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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 12 LATWAHN McELROY, AKA E. J. McELROY, Plaintiff, 13 14 15 16 v. No. 2:17-cv-1042 MCE AC P ORDER C.H.C.F. WARDEN, et al., Defendants. 17 18 19 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 20 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 21 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On January 3, 2018, the magistrate judge filed findings and recommendations herein 23 which were served on plaintiff and which contained notice to plaintiff that any objections to the 24 findings and recommendations were to be filed within fourteen days. ECF No. 16. Plaintiff has 25 not filed objections to the findings and recommendations. 26 27 The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 28 1 1 2 3 4 5 6 7 8 9 10 11 ORDERED that: 1. The findings and recommendations filed January 3, 2018, ECF No. 16, are ADOPTED IN FULL. 2. Plaintiff’s application for leave to proceed in forma pauperis is DENIED under 28 U.S.C. § 1915(g). 3. Plaintiff is accorded fourteen (14) days from the date of this order to submit the full filing fee ($400.00) in order to proceed with this action. 4. If Plaintiff fails to timely submit the full filing fee, this action will be dismissed without prejudice and without further notice to the parties. IT IS SO ORDERED. Dated: February 13, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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