Stribling v. Lewis

Filing 24

ORDER signed by District Judge Kimberly J. Mueller on 10/31/18 ADOPTING in full 23 FINDINGS AND RECOMMENDATIONS and DENYING Defendant's 15 motion for the revocation of plaintiff's in forma pauperis status. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings.(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON LAMONT STRIBLING,

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No. 2:17-cv-2009-KJM-EFB P

Plaintiff,
v.

ORDER

LEWIS,
Defendant.

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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 July 12, 2018, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Neither party has filed objections to

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the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”).

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Having reviewed the file, the court finds the findings and recommendations to be supported by

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the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 12, 2018, are adopted in full;

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2. Defendant’s January 29, 2018 motion for the revocation of plaintiff’s in forma pauperis

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status is DENIED; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATED: October 31, 2018.

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UNITED STATES DISTRICT JUDGE

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