(PC) Dearwester v. United States

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA FRANK LEE DEARWESTER, No. 2:19-cv-0124 KJM CKD P 12 Plaintiff, 13 v. ORDER UNITED STATES OF AMERICA, et al., 15 Defendants.

17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On December 18, 2020, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the findings and recommendations.

24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court ///// ] ...”). Having reviewed the file, the court finds the findings and recommendations to be || supported by the record and by the proper analysis.

3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed December 18, 2020, are adopted in full; 5 2. Defendants motion to revoke plaintiffs in forma pauperis status (ECF No. 21) is || granted; 7 3. Plaintiffs in forma pauperis status is revoked; 8 4. Plaintiff is granted 14 days within which to pay the $402 filing fee for this action; and 9 5. This matter is referred back to the assigned magistrate judge for all further pretrial || proceedings.

11 | DATED: February 23, 2021.

13 ee 4 CHIEF ED STATES DISTRICT JUDGE