(PC) Melger v. Harris ( 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-01062-TLN-JDP 12 Plaintiff, 13 Vv. ORDER 14 | KAMALA HARRIS, et al.. 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 || under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 | 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 13, 2023, the magistrate judge filed findings and recommendations herein which 21 || 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 days. Plaintiff has not filed 23 || objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 || F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 || See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 || magistrate judge are reviewed de novo by both the district court and [the appellate] court... .”). 28 || Having reviewed the file, the Court finds the findings and recommendations to be supported by 1 | the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed June 13, 2023 (ECF No. 5) are ADOPTED IN 4 FULL; 5 2. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is DENIED; AND 6 3. Plaintiff is directed to tender the filing fee within thirty days of this order. 7 | Dated: July 24, 2023 8 /) 9 Pi jf Le 10 / ‘ 11 Troy L. Nunley ! United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28