Jones v. Kuppinger et al

Filing 37

ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 6/26/14. The 18 Motion to Revoke IFP Status is GRANTED. Plaintiff is required to pay the $350.00 filing fee within 30 days. The 22 27 and 28 Motions to Strike are DENIED as moot. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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No. 2:13-cv-0451 WBS AC P

Plaintiff,
v.

ORDER

P. KUPPINGER, et al.,

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Defendants.

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

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

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

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On May 16, 2014, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within twenty-one days. Neither party has filed

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objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed May 16, 2014, are adopted in full;

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2. Defendants’ motion to revoke plaintiff’s in pauperis status on the ground that plaintiff

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is barred from proceeding in forma pauperis by the three-strikes provision of 28 U.S.C.

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§1915(g) is granted;

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3. Plaintiff is required to pay the $350.00 filing fee in full within thirty days or have his
case dismissed;1
4. Defendant’s motions to strike various of plaintiff’s fillings (ECF No. 22, 27, 28) are

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denied as moot in light of plaintiff’s notice of withdrawal of his opposition to defendants’ motion

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to revoke IFP status (ECF No. 31).

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Dated: June 26, 2014

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AC:009
jone0451.801

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A review of the case docket demonstrates that plaintiff discharged his filing fee obligation prior
to the issuance of this order. See Dkt. Entry dated June 11, 2014. Accordingly, no further action
is required.
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