(PC) Bontemps v. Powell

Filing 17

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ADOPTING 16 Findings and Recommendations in full; DENYING 2 Motion to Proceed IFP. Plaintiff is ordered to pay the filing fee for this action within 14 days of the date of this order. Failure to pay the filing fee within the time provided will result in the dismissal of this action without prejudice. (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 GREGORY C. BONTEMPS, 12 Plaintiff, 13 14 No. 2:19-cv-00579-KJM-CKD v. ORDER K. POWELL, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 23, 2020, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 23 findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 24 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed July 23, 2020, are adopted in full. 5 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied. 6 3. Plaintiff is ordered to pay the filing fee for this action within 14 days of the date of this 7 8 9 10 order. 4. Failure to pay the filing fee within the time provided will result in the dismissal of this action without prejudice. DATED: October 15, 2020. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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