(PS) Nguyen v. Cache Creek Casino Resort ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HUNG M. NGUYEN, No. 2:20-cv-01748-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 CACHE CREEK CASINO RESORT, 15 Defendant. 16 17 18 Plaintiff Hung M. Nguyen (“Plaintiff”), who is proceeding pro se, brings this civil action. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. 21 On September 4, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen (14) days. (ECF No. 5.) On 24 September 10, 2020, Plaintiff filed a notice stating he did not object to the findings and 25 recommendations. (ECF No. 6.) 26 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 27 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1 1983); see also 28 U.S.C. § 636(b)(1). Having reviewed the file under the applicable legal 2 standards, the Court finds the Findings and Recommendations to be supported by the record and 3 by the magistrate judge’s analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations filed on September 4, 2020 (ECF No. 5), are 6 adopted in full; 7 2. Plaintiff’s Motion to Proceed In Forma Pauperis (ECF No. 2) is DENIED; 8 3. Plaintiff is ordered to pay the applicable filing fee of $400, on a monthly payment plan 9 of $50 per month, due on the first day of each month, with the first payment to be made no later 10 than November 1, 2020; 11 4. Once the first payment of $50 is made, the magistrate judge may direct the Clerk of the 12 Court to issue the appropriate service documents and scheduling orders; and 13 5. Plaintiff is informed that a failure to timely pay the filing fee on the first of each 14 month, or to timely request an extension of time to do so, may result in dismissal of the action 15 pursuant to Federal Rule of Civil Procedure 41(b). 16 IT IS SO ORDERED. 17 DATED: October 6, 2020 18 19 20 21 22 23 24 25 26 27 28