(PC) Melger v. Newsom ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOSEPH MELGER, No. 2:23-cv-00931-DJC-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 GAVIN NEWSOM, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 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 July 6, 2023, the Magistrate Judge filed findings and recommendations 21 herein which were served on Plaintiff and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. The Court observes that this procedure is sufficient to constitute notice to the 24 Plaintiff of the potential disqualification under 28 U.S.C. 1915(g) as required by 25 , 398 F.3d 1113, 1120. Plaintiff has not filed objections to the findings 26 and recommendations. 27 The Court has reviewed the file and finds the findings and recommendations to 28 be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS 1 HEREBY ORDERED that: 2 1. The findings and recommendations filed July 6, 2023, are adopted in full; 3 2. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is denied; 4 and 5 3. Plaintiff shall pay the $402 filing fee within fourteen days from the date of 6 this order and is warned that failure to do so will result in the dismissal of 7 this action. 8 9 IT IS SO ORDERED. 10 | Dated: _ September 8, 2023 Bek | Cbabeatin.. Hon. Daniel labretta 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28