Womack v. Mahoney et al.

Filing 13

ORDER signed by District Judge Troy L. Nunley on 1/2/2018 ADOPTING 10 Findings and Recommendations in full, DENYING 2 Motion to Proceed IFP, and DIRECTING Plaintiff to pay, within 30 days, the entire $400.00 in required fees. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY JEROME WOMACK,

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No. 2:15-cv-02517-TLN-AC-P

Plaintiff,
v.

ORDER

T. MAHONEY, 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 October 13, 2017, the magistrate judge filed findings and recommendations herein,

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

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findings and recommendations were to be filed within twenty-one days. (ECF No. 10.) Plaintiff

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was granted an extension of time up to and including November 27, 2017 to file objections to the

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findings and recommendations. (ECF No. 12.) Plaintiff has not filed objections.

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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 October 13, 2017 (ECF No. 10), are adopted
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in full;
2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied because he has

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accrued three strikes under 28 U.S.C. § 1915(g) and has not demonstrated that he is under

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imminent danger of serious physical injury; and

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3. Plaintiff has thirty days to pay the entire $400.00 in required fees or face dismissal of
the case.

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Dated: January 2, 2018

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Troy L. Nunley
United States District Judge

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