Bridgeman v. Hashemi
Filing
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ORDER Adopting 8 Findings and Recommendations to Deny Plaintiff's Motion to Proceed In Forma Pauperis, and to Direct Plaintiff to Pay $400 Filing Fee, signed by District Judge Dale A. Drozd on 1/5/17. Filing Fee Due Within Fourteen-Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL DAYNE BRIDGEMAN,
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No. 1:16-cv-01399-DAD-MJS
Plaintiff,
v.
NASTRAN HASHEMI,
Defendant.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTION TO PROCEED IN
FORMA PAUPERIS, AND TO DIRECT
PLAINTIFF TO PAY $400 FILING FEE
(Doc. Nos. 2, 8)
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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.
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§ 1983. On November 1, 2016, the assigned magistrate judge issued findings and
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recommendations, recommending that plaintiff’s motion to proceed in forma pauperis be denied
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and that plaintiff be required to pay the filing fee in full to proceed with this action. (Doc. No. 8.)
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Those findings and recommendations provided plaintiff with fourteen days within which to file
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objections thereto. On December 13, 2016, plaintiff filed his objections. (Doc. No. 9.) Therein,
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plaintiff states only that he is unable to pay the full filing fee, that he has been diagnosed with
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bipolar disorder and schizophrenia, and that he is “illiterate when it comes to the Law.” (Id.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s
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objections, the court finds the findings and recommendations to be supported by the record and
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by proper analysis. In his objections plaintiff does not dispute that on at least three prior
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occasions he has incurred so-called “strikes” within the meaning of 28 U.S.C. § 1915(g), nor does
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he make any showing suggesting that he is under imminent danger of serious physical injury and
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qualifies to proceed in forma pauperis in this action on that basis.
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Accordingly,
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1. The November 1, 2016 findings and recommendations (Doc. No. 8) are adopted in
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full;
2. Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is denied; and
3. Plaintiff shall pay the $400 filing fee within fourteen days of service of this order.
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Plaintiff’s failure to pay the filing fee or otherwise respond to this order will result in a
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dismissal of this action.
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IT IS SO ORDERED.
Dated:
January 5, 2017
UNITED STATES DISTRICT JUDGE
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