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Houston v. Torres

United States District Court, Ninth Circuit

December 26, 2013

KELVIN HOUSTON, Plaintiff,
v.
A. TORRES, Defendant.

ORDER

KIMBERLY J. MUELLER, District Judge.

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.

On October 10, 2013, the magistrate judge filed findings and recommendations, which were served on both parties and which contained notice to both parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations.

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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed October 10, 2013 (ECF No. 39), are adopted in full;

2. Defendant's March 18, 2013 motion to revoke plaintiff's in forma pauperis status (ECF No. 30) is granted; and

3. Plaintiff is granted twenty-one days from the date of this order to submit the appropriate filing fee.


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