(PC) Long v. Kaiser Permanente ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN MICHAEL LONG, No. 2:23-cv-02109 KJM AC P 12 Plaintiff, 13 v. ORDER 14 KAISER PERMANENTE, et al., 15 Defendants. 16 17 Plaintiff, a pretrial detainee proceeding pro se, has filed this civil action and seeks leave to 18 proceed in forma pauperis under 28 U.S.C. § 1951(a). 19 On September 28, 2023, the magistrate judge filed findings and recommendations, which 20 were served on plaintiff, and which contained notice to plaintiff that any objections to the 21 findings and recommendations were to be filed within fourteen days. ECF No. 5. Plaintiff has 22 not filed objections to the findings and recommendations. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 25 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 26 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 28, 2023 (ECF No. 5), are adopted 3 | in full; 4 2. Plaintiffs application to proceed in forma pauperis (ECF No. 2) is DENIED; and 5 3. Plaintiff is ordered to pay the entire $402.00 in fees within thirty days or face dismissal 6 || of the case. 7 | DATED: December 28, 2023. 8 9 10 CHIEF STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28