Danny James Cohea v. Faldon et al
Filing
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ORDER ADOPTING 8 Findings and Recommendations, DENYING Plaintiff's 6 & 7 Applications to Proceed In Forma Pauperis, and REQUIRING Plaintiff to Pay $400.00 Filing Fee in Full Within Thirty Days, signed by District Judge Dale A. Drozd on 11/23/16. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANNY JAMES COHEA,
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Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
PLAINTIFF’S APPLICATIONS TO
PROCEED IN FORMA PAUPERIS, AND
REQUIRING PLAINTIFF TO PAY $400.00
FILING FEE IN FULL WITHIN THIRTY
DAYS
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(Doc. Nos. 6, 7, 8)
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v.
No. 1:16-cv-00955-DAD-EPG
J. FALDON et al.,
Defendants.
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Plaintiff Danny Cohea is a state prisoner proceeding pro se with this civil rights action
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pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by filing his complaint on July 5,
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2016. (Doc. No. 1.) On July 25, 2016, and August 3, 2016, plaintiff filed applications to proceed
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in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. Nos. 6, 7.) The matter was referred to a
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United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On September 16, 2016, the assigned magistrate judge entered findings and
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recommendations, recommending that plaintiff’s applications to proceed in forma pauperis be
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denied because he has suffered three strike pursuant to 28 U.S.C. § 1915(g) and does not qualify
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to proceed in forma pauperis under the imminent danger exception. (Doc. No. 8.) On October
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14, 2016, plaintiff filed objections, of 48 pages in length, to the findings and recommendations.
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(Doc. No. 9.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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including plaintiff’s objections, the court finds the findings and recommendations to be supported
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by the record and proper analysis.
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Accordingly,
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1. The September 16, 2016 findings and recommendations (Doc. No. 8) are adopted in
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full;
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2. Plaintiff’s applications to proceed in forma pauperis (Doc. Nos. 6, 7) are denied;
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3. Plaintiff is required to pay the $400.00 filing fee in full for this action, within thirty
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days of the date of service of this order;
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4. Failure to comply with this order shall result in the dismissal of this action; and
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5. The Clerk of Court is directed to serve a copy of this order on the Financial
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Department, U.S. District Court, Eastern District of California, Fresno Division.
IT IS SO ORDERED.
Dated:
November 23, 2016
UNITED STATES DISTRICT JUDGE
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