McElroy v. CHCF et al

Filing 23

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 08/01/19 DENYNG all 5 , 12 , 13 , 19 , [ 21] Motions to Proceed IFP. Plaintiff is directed to pay the full $400 filing fee for this action within 21 days and is admonished that failure to comply will result in the dismissal of this action. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LATWAHN McELROY,

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No. 2:18-cv-00455-TLN-EFB

Plaintiff,

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v.

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ORDER

CHCF, 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.
On May 22, 2019, the magistrate judge filed findings and recommendations herein which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. (ECF No. 16.) Despite being

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granted an extension of time, Plaintiff has not filed objections to the findings and

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recommendations.1
The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Plaintiff has, however, filed additional applications for leave to proceed in forma pauperis, (ECF Nos. 19 &
21), and an amended complaint, (ECF No. 20). None of those filings are responsive to the magistrate judge’s
findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 22, 2019, are adopted in full;

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2. Plaintiff’s applications for leave to proceed in forma pauperis (ECF Nos. 5, 12, 13, 19

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& 21) are denied; and
3. Plaintiff is directed to pay the full $400 filing fee for this action within twenty-one

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days from the date of service of this order and is admonished that failure to comply will result in

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the dismissal of this action.

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Dated: August 1, 2019

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Troy L. Nunley
United States District Judge

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