Thomas v. Beutler et al

Filing 84

ORDER ADOPTING 72 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 12/20/12 GRANTING 66 Motion for Order Revoking IFP Status; Plaintiff is declared a three-strikes litigant pursuant to section 1915(g); Plaintiff is required to submit the $350.00 filing fee for this action or face dismissal of this action. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD THOMAS,

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Plaintiff,
vs.
M. BEUTLER, et al.,
Defendants.

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No. 2:10-cv-01300 MCE CKD P

ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 7, 2012, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Plaintiff

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has filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 7, 2012 (Dkt. No. 72) are

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adopted in full;

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2. Defendant’s motion for order revoking plaintiff’s IFP status (Dkt. No. 66) is
granted;

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3. Plaintiff is declared a three-strikes litigant pursuant to section 1915(g); and

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4. Plaintiff is now required to submit the $350.00 filing fee for this action or face

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dismissal of this action, as he has not demonstrated that he faced imminent danger of serious

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physical injury at the time he filed his complaint.1

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Dated: December 20, 2012

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________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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Plaintiff’s complaint asserts claims against various defendants at High Desert State
Prison-Susanville for the use of excessive force in violation of the Eighth Amendment and for an
alleged false and retaliatory disciplinary report. At the time plaintiff filed his complaint, plaintiff
was incarcerated at the Salinas Valley State Prison-Soledad, which is also his current place of
incarceration. (See Dkt. No. 1, Proof of Service.) Plaintiff has not demonstrated that the
imminent danger exception applies to his case.
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