Shehee v. Lefors et al

Filing 9

ORDER DENYING Plaintiff's 6 Motion to Proceed IFP; ORDER ADOPTING 7 FINDINGS AND RECOMMENDATIONS, DIRECTING Plaintiff to pay the $400.00 Filing Fee within fourteen days from the date of service of this order or the action will be dismissed, signed by Chief Judge Lawrence J. O'Neill on 04/23/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

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v.
M. LEFORS, et al.,

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Defendants.

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Case No.: 1:18-cv-00233-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DIRECTING PLAINTIFF
TO PAY THE $400.00 FILING FEE WITHIN
FOURTEEN DAYS FROM THE DATE OF
SERVICE OF THIS ORDER OR THE ACTION
WILL BE DISMISSED
[ECF Nos. 6, 7]

Plaintiff Gregory Ell Shehee is appearing pro se in this civil rights action pursuant to 42 U.S.C.
§ 1983.

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On March 13, 2018, the Magistrate Judge issued Findings and Recommendations

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recommending that Plaintiff’s motion to proceed in forma pauperis in this action be denied because he

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has suffered three or more strikes under 28 U.S.C. § 1915(g). (ECF No. 7.) The Findings and

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Recommendations was served on Plaintiff and contained notice that objections were to be filed within

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fourteen days. (Id.) Plaintiff did not file objections.

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On April 4, 2018, Plaintiff filed a notice of change of address. (ECF No. 8.) Therefore, on

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April 5, 2018, the Court re-served the Findings and Recommendations on Plaintiff at his new address

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of record. Plaintiff did not file objections and the time period to do so has expired.

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

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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

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Accordingly, it is HEREBY ORDERED that:

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1.

The March 12, 2018 Findings and Recommendations (ECF No. 7) are adopted in full;

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2.

Plaintiff’s motion to proceed in forma pauperis in this action is denied; and

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3.

Within fourteen (14) days from the date of service of this order, Plaintiff shall submit

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the $400.00 filing fee or this action will be dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 23, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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