(PC) Crump v. O'Campo ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE CRUMP, No. 2:20-cv-2343 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 A. O’CAMPO, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 27, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 27 reviewed the file, the court finds the findings and recommendations to be supported by the record 28 and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 27, 2021, are adopted in full; 3 2. Defendant’s motion to revoke plaintiff’s in forma pauperis status (ECF No. 51) is 4 granted, and plaintiff’s in forma pauperis status (ECF No. 10) is revoked; 5 3. Plaintiff’s application to proceed in forma pauperis (ECF No. 6) is denied; and 6 4. Plaintiff is ordered to pay the $402.00 filing fee within thirty days. 7 8 Dated: October 14, 2021 /s/ John A. Mendez 9 THE HONORABLE JOHN A. MENDEZ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28