(PC) Cohea v. Davey et al

Filing 4

ORDER ADOPTING #3 Findings and Recommendations and directing Plaintiff to pay the $400.00 Filing Fee within 30-Days or the action will be dismissed signed by Chief Judge Lawrence J. O'Neill on 10/07/2019. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY JAMES COHEA,

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Plaintiff,

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v.
DAVE DAVEY, et al.,

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Defendants.

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Case No. 1:19-cv-01281-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DIRECTING
PLAINTIFF TO PAY THE $400.00 FILING FEE
WITHIN THIRTY DAYS OR THE ACTION WILL
BE DISMISSED
[ECF No. 3]

Plaintiff Danney James Cohea is appearing pro se in this civil rights action pursuant to 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.
On September 17, 2019, the Magistrate Judge issued Findings and Recommendations

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recommending that Plaintiff’s application to proceed in forma pauperis in this action be denied

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because he has suffered three or more strikes under 28 U.S.C. § 1915(g). The Findings and

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Recommendations were served on Plaintiff and contained notice that objections were due within

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fourteen days. No objections have been filed and the time 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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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Findings and Recommendations filed on September 17, 2019, are adopted in full;

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2.

Plaintiff’s application to proceed in forma pauperis is denied;

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3.

Plaintiff shall pay the $400.00 filing fee in full within thirty days from the date of
service of this order; and

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4.

The failure to pay the filing fee in full will result in dismissal of the action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 7, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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