(PC) Balzarini v. Lizarraga ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL BALZARINI, No. 2:19-cv-2112 KJM AC P 12 Plaintiff, 13 v. ORDER 14 JOE A. LAZARRAGA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 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 December 9, 2019, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 7. Plaintiff has not filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 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 . . . .”). 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 December 9, 2019 (ECF No. 7), are adopted 5 in full; 6 2. Plaintiff is ordered to pay the entire $400.00 in required fees within thirty days or face 7 dismissal of the case; and 8 3. This matter is referred back to the assigned magistrate judge. 9 DATED: January 14, 2020. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28