Ricketts
(PS) Braggs v. Ricketts
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL BRAGGS, No. 2:23-cv-00598-KJM-KJN Plaintiff, ORDER v. DONAT RICKETTS, et al., Defendants. 16 On April 20, 2023, the magistrate judge filed findings and recommendations, which were served on the parties. (ECF No. 9.) No objections period was required. 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 declines to adopt the findings and recommendations. The magistrate judge recommended the court deny plaintiff’s request to proceed in forma pauperis (IFP) because his “gross household income is over 150% of the 2023 poverty guideline.” F. & R. at 1, ECF No.…