(PC) Callegari v. Unknown ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARL LEE CALLEGARI, No. 2:22-cv-02095-DJC-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 UNKNOWN, 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 February 27, 2023, the magistrate judge filed findings and 21 recommendations herein which were served on Plaintiff and which contained notice to 22 Plaintiff that any objections to the findings and recommendations were to be filed 23 within fourteen days. The Court observes that this procedure is sufficient to constitute 24 notice to the Plaintiff of the potential disqualification under 28 U.S.C. 1915(g) as 25 required by Andrews v. King, 398 F.3d 1113, 1120. Plaintiff has not filed objections to 26 the findings 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 February 27, 2023, are adopted in 3 full; 4 2. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is denied; 5 and 6 3. Plaintiff shall pay the $402 filing fee within fourteen days from the date of 7 this order and is warned that failure to do so will result in the dismissal of 8 this action. 9 10 i IT IS SO ORDERED. 12 | Dated: _ April 19, 2023 _ Bek | Cbabeatin.. Hon. Daniel labretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28