Bontemps v. Hicks

Filing 21

ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONSto Deny Plaintiff's Request to Proceed In Forma Pauperis; ORDER to Pay in full the $400.00 Filing Fee for this action, signed by District Judge Dale A. Drozd on 10/22/18. (Case Management Deadline:30-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,

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No. 1:16-cv-01854-DAD-EPG (PC)

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S REQUEST TO PROCEED IN
FORMA PAUPERIS

D. HICKS,

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Defendants.
(Doc. No. 20)

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Plaintiff, Gregory C. Bontemps, is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 25, 2018, the assigned magistrate judge filed findings and recommendations,

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recommending that plaintiff’s motion to proceed in forma pauperis in this action be denied

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because he had suffered at least three prior strike dismissals and did not qualify under 28 U.S.C. §

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1915(g)’s imminent danger exception. (Doc. No. 20.) The findings and recommendations were

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served on plaintiff and contained notice that objections thereto were due within twenty-one days.

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(Id. at 9.) To date, plaintiff has not filed objections, and the time in which to do so has now

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passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly:

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1. The April 23, 2018 findings and recommendations (Doc. No. 20) are adopted in full;

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2. Within thirty days from the date of service of this order, plaintiff is required to pay in

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full the $400.00 filing fee for this action; and
3. Plaintiff’s failure to pay the required filing fee as ordered will result in the dismissal of

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this action.

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IT IS SO ORDERED.

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Dated:

October 22, 2018
UNITED STATES DISTRICT JUDGE

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