Hampton v. Virga et al
Filing
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ORDER signed by District Judge John A. Mendez on 9/27/2018 ADOPTING the 23 findings and recommendations in full. Hampton v. Harrison, No. 2:06-cv-5418 (C.D. Cal. Sep. 14, 2006) and Hampton v. Ayers, No. 2:07-cv-1268 (C.D. Cal. Aug. 14, 2007) are strikes under 28 U.S.C. § 1915(g). Hampton v. Schwarzenegger, No. 2:09-cv-3432 (C.D. Cal. May 22, 2009) is not a strike under 28 U.S.C. § 1915(g). Defendant Agnone's 21 motion to revoke plaintiff's in forma pauperis status is DENIED. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES HAMPTON,
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No. 2:13-cv-0923 JAM DB P
Plaintiff,
v.
ORDER
TIM VIRGA, 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 August 15, 2018, the magistrate judge issued findings and recommendations herein
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(ECF No. 23) 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. Neither
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party has filed 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 issued August 15, 2018 (ECF No. 23), are
ADOPTED in full;
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2. Hampton v. Harrison, No. 2:06-cv-5418 (C.D. Cal. Sep. 14, 2006) and Hampton v.
Ayers, No. 2:07-cv-1268 (C.D. Cal. Aug. 14, 2007) are strikes under 28 U.S.C. § 1915(g);
3. Hampton v. Schwarzenegger, No. 2:09-cv-3432 (C.D. Cal. May 22, 2009) is not a strike
under 28 U.S.C. § 1915(g), and
4. Defendant Agnone’s motion to revoke plaintiff’s in forma pauperis status (ECF No. 21)
pursuant to 28 U.S.C. § 1915(g) is DENIED.
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DATED: September 27, 2018
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/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATED DISTRICT COURT JUDGE
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hamp0923.801
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