(PC) Roberts v. State of California et al
ORDER DENYING 2 Motion to Proceed IFP; ORDER ADOPTING 11 Findings and Recommendations; this matter is referred back to the assigned Magistrate Judge for further proceedings consistent with this order, signed by District Judge Dale A. Drozd on 05/06/2022. (Pay Filing Fee in full within 30-Day Deadline)(Martin-Gill, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 1:22-cv-00131-DAD-HBK (PC)
STATE OF CALIFORNIA, et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION TO PROCEED IN
(Doc. Nos. 2, 11)
Plaintiff David Roberts is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 13, 2022, the assigned magistrate judge issued findings and recommendations
recommending that plaintiff’s application to proceed in forma pauperis (Doc. No. 2) be denied
because: (1) he is subject to the three strikes bar under 28 U.S.C. § 1915(g); and (2) the
allegations of plaintiff’s complaint do not satisfy the “imminent danger of serious physical injury”
exception to § 1915(g). (Doc. No. 11.) The magistrate judge also recommended that plaintiff be
ordered to pay the required $402.00 filing fee in full in order to proceed with this action. (Id. at
7.) The findings and recommendations were served on plaintiff and contained notice that any
objections thereto were to be filed within fourteen (14) days after service. (Id.) To date, no
objections have been filed, and the time in which to do so has since passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
conducted a de novo review of the case. Having carefully reviewed the entire file, the
undersigned concludes that the findings and recommendations are supported by the record and
The findings and recommendations issued on April 13, 2022 (Doc. No. 11) are
Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied;
Within thirty (30) days from the date of service of this order, plaintiff shall pay the
$402.00 filing fee in full in order to proceed with this action;
will result in the dismissal of this action; and
Plaintiff is forewarned that failure to pay the filing fee within the specified time
This matter is referred back to the assigned magistrate judge for further
proceedings consistent with this order.
IT IS SO ORDERED.
May 6, 2022
UNITED STATES DISTRICT JUDGE
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