(PC) Barnes v. Lavorato, Jr ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE DESHAWN BARNES, No. 2:23-cv-00534-DJC-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 SAM LAVORATO, Jr., et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On May 25, 2023, the Magistrate Judge filed findings and recommendations 20 herein which were served on Plaintiff and which contained notice to Plaintiff that any 21 objections to the findings and recommendations were to be filed within fourteen 22 days. The Court observes that this procedure is sufficient to constitute notice to the 23 Plaintiff of the potential disqualification under 28 U.S.C. 1915(g) as required by 24 Andrews v. King, 398 F.3d 1113, 1120. Plaintiff has filed objections to the findings and 25 recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 27 304, this Court has conducted a de novo review of this case. Having carefully 28 1 | reviewed the entire file, the Court finds the findings and recommendations to be 2 | supported by the record and by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed May 25, 2023, are adopted in full; 5 2. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is denied; 6 3. Plaintiff is ordered to pay the $402 filing fee within fourteen days from the 7 date of this order and is warned that failure to do so will result in the 8 dismissal of this action. 9 10 IT IS SO ORDERED. 11 | Dated: _ September 1, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28