(PS) Allen v. City of Citrus Heights Police Dept. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG DOUGLAS ALLEN, No. 2:20–cv–1853–JAM–KJN PS 12 Plaintiff, ORDER 13 v. (ECF No. 3) 14 CITRUS HEIGHTS POLICE DEPT., et al., 15 Defendants. 16 17 On September 18, 2020, the magistrate judge filed findings and recommendations (ECF 18 No. 3), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 21 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 26 IT IS HEREBY ORDERED that: 27 1. The findings and recommendations (ECF No. 3) are ADOPTED IN FULL; 28 1 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED; 2 3. Plaintiff shall pay the applicable filing fee on a monthly payment plan, at $50 per month, 3 due on the first of each month starting November 1, 2020. After plaintiff has satisfied the 4 filing fee of $400, the clerk of the court shall issue the appropriate service documents and 5 scheduling orders; and 6 4. Plaintiff is informed that a failure to timely pay the filing fee by the first of each month, or 7 timely request an extension of time to do so, may result in dismissal of the action pursuant 8 to Federal Rule of Civil Procedure 41(b). 9 10 DATED: October 14, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ 11 UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28