(PC) Bonilla v. Siskiyou County ( 2019 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 STEVEN WAYNE BONILLA, No. 2:18-cv-2555 KJM KJN P 13 Plaintiff, 14 v. ORDER 15 SISKIYOU COUNTY, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On December 20, 2018, the magistrate judge filed findings and recommendations, which 22 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 24 the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 28 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 1 Having reviewed the file, the court finds the findings and recommendations to be supported by 2 the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed December 20, 2018, are adopted in full; 5 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 8) is denied; 6 3. Plaintiff is ordered to pay the filing fee within fourteen days of the filed date of this 7 order; and 8 4. This case is remanded back to the assigned magistrate judge for all further pretrial 9 proceedings. 10 DATED: August 5, 2019. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28