(PC) Harper v. CDCR ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL HARPER, No. 2:20-cv-01828-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 CDCR, 15 Defendant. 16 17 Plaintiff Daniel Harper (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 25, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen (14) days. (ECF No. 7.) Plaintiff 23 has not filed objections to the findings and recommendations. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed September 25, 2020 (ECF No. 7), are 5 adopted in full; 6 2. Plaintiff’s Motion to Proceed In Forma Pauperis (ECF No. 2) is DENIED; and 7 3. Plaintiff shall pay the $400 filing fee for this action within 14 days of the electronic 8 filing of this Order. Failure to timely pay the filing fee may result dismissal of this action. 9 IT IS SO ORDERED. 10 DATED: November 2, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28