(PC) Hill v. Her, et al.

Filing 23

ORDER signed by Chief District Judge Kimberly J. Mueller on 03/25/24 ADOPTING 22 Findings and Recommendations in full; DENYING 2 Motion to Proceed IFP; DIRECTING plaintiff to pay the $402 filing fee within 30 days; and REFERRING matter back to the assigned magistrate judge. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Cymeyon Hill,

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No. 2:22-cv-1849 KJM KJN P
Plaintiff,

v.

ORDER

HER, et al.,
Defendants.

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Plaintiff, a civil detainee 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.

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On August 10, 2023, 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. Plaintiff has not 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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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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

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the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 10, 2023, are adopted in full.

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2. Plaintiff’s application to proceed in forma pauperis is denied.

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3. Plaintiff is directed to pay the $402 filing fee within thirty days of receiving this order.

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Failure to pay may result in dismissal. This matter is referred back to the assigned magistrate

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judge.

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DATED: March 25, 2024.

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