(PC) Ruiz v. Woodfill et al

Filing 8

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/11/2020 ADOPTING 4 Findings and Recommendations in full and DENYING 2 Motion to Proceed in Forma Pauperis. Plaintiff is ORDERED to pay $400.00 in required fees within 30 days or face dismissal of this case. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,

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No. 2:20-cv-0205 KJM AC P

v.

ORDER

D. WOODFILL, 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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 3, 2020, the magistrate judge filed findings and recommendations, 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. 4. Plaintiff has not filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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

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by the 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

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supported by 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 February 3, 2020, ECF No. 4, are adopted in

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full; and
2. Plaintiff’s motion to proceed in forma pauperis, ECF No. 2, is denied and plaintiff is

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ordered to pay $400.00 in required fees within thirty day or face dismissal of this case.

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DATED: March 11, 2020.

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