Jimenez v. County of San Joaquin ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO JIMENEZ, JR., No. 2:22-cv-01387-MCE-KJN 12 Plaintiff, ORDER 13 v. 14 COUNTY OF SAN JOAQUIN, 15 Defendant. 16 17 On October 11, 2022, the magistrate judge filed findings and recommendations herein 18 which were served on the plaintiff. ECF No. 4. No objections have been filed. 19 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 22 (9th Cir. 1983). 23 The Court has reviewed the applicable legal standards and, good cause appearing, 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Findings and Recommendations filed October 11, 2022 (ECF No. 4), are 27 ADOPTED in full; 28 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED; 1 3. Plaintiff is granted leave to satisfy the filing fee in $80 installments, beginning 2 December 1, 2022, and allow for the clerk of court to issue a summons after the first 3 installment is received; and 4 4. Plaintiff is warned that failure to satisfy the full filing fee according to the payment 5 schedule (OR) by December 1, 2022, may result in dismissal under Federal Rule of 6 Civil Procedure 41(b). 7 IT IS SO ORDERED. 8 || Dated: November 16, 2022 A ates LE rlASX 0 SENIOR UNITED STATES URTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28