1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR ROMERO DIAZ Case No.: 1:23-cv-01758 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. MOTION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING PLAINTIFF 14 CALIFORNIA DEPARTMENT OF TO PAY FILING FEE WITHIN 20 DAYS CORRECTIONS AND 15 REHABILITATION, et al., (Docs. 8, 9)

16 Defendants.

17 18 Plaintiff is proceeding pro se in this action filed pursuant to

. This matter 19 was referred to a United States Magistrate Judge pursuant to

(b)(1)(B) and Local 20 Rule 302. 21 The magistrate judge recommended that Plaintiff’s motion to proceed in forma pauperis 22 be denied because Plaintiff has sufficient funds in his prisoner trust account to pay the $405.00 23 filing fee for this action. (Doc. 9.) The Court served the Findings and Recommendations on 24 Plaintiff and notified him that any objections were due within 14 days. (Id. at 3.) The Court 25 advised him that the “failure to file objections within the specified time may result in the waiver 26 of rights on appeal.” (Id., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) 27 Plaintiff filed objections on February 20, 2024, in which he agreed to submit the $405.00 filing 28 fee for this action. (Doc. 10.) 1 According to

(b)(1)(C), this Court performed a de novo review of this 2 | case. Having carefully reviewed the matter, the Court concludes the Findings and 3 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on February 6, 2024 (Doc. 9) are 5 ADOPTED in full. 6 2. Plaintiff's motion to proceed in forma pauperis (Doc. 8) is DENIED. 7 3, Within 30 days from the date of service of this order, Plaintiff shall submit the 8 $405.00 filing fee, or this action will be dismissed without further order. 9 10 IT IS SO ORDERED. Dated: _ March 1, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28