Palmer v. Berkson, et al.

Filing 18

ORDER adopting 17 FINDINGS AND RECOMMENDATIONS revoking Plaintiff's IFP status and requiring payment of ($400.00) filing fee in full within 21-days signed by District Judge Lawrence J. O'Neill on 1/21/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILL MOSES PALMER, III,

Case No. 1:11-cv-01882-LJO-MJS (PC)

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Plaintiff,
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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REVOKING
PLAINTIFF’S IN FORMA PAUPERIS
STATUS AND REQUIRING PAYMENT OF
FILING FEE IN FULL WITHIN TWENTYONE DAYS

DR. RICHARD P. BERKSON, et al.,
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(ECF No. 17)
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Defendants.
TWENTY-ONE DAY DEADLINE

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Plaintiff Will Moses Palmer III is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302 of the United States District Court for the Eastern District of California.

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On December 31, 2013, the Magistrate Judge issued findings and recommendations

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(ECF No. 17) that Plaintiff’s IFP status should be revoked because he accrued three or

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more strikes and was not under imminent danger of serious physical harm at the time this

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action was initiated, 28 U.S.C. § 1915(g); and that he be required to pay the $400 filing fee

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in full within twenty-one days of adoption of the findings and recommendations. (ECF No.

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17.) Any objection to the findings and recommendations was due by January 17, 2014. (Id.)
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The January 17, 2014 deadline passed without any party filing objections or seeking further

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extension of time to do so.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the Court

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finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, it is HEREBY ORDERED that:

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1.

The Court adopts the findings and recommendations filed on December 31,
2013 (ECF No. 17) in full,

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2.

Plaintiff’s in forma pauperis status (ECF No. 3) is REVOKED,

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3.

Plaintiff shall PAY THE $400 FILING FEE in full within twenty-one days of
service of this order, and

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4.

If Plaintiff fails to pay the $400 filing fee in full within twenty-one days of

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service of this order, all pending motions shall be terminated and this action

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dismissed without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 21, 2014

UNITED STATES DISTRICT JUDGE
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