Bontemps v. Arya et al

Filing 17

ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 6/25/2018. The court finds plaintiff has accrued 3 strikes under 28 U.S.C. § 1915(g) and that he has failed to demonstrate that, at the time he f iled his complaint, he was in imminent danger of serious physical injury; The Court denies Plaintiff's 6 Motion to Proceed IFP. Within 14 days, Plaintiff must pay the full filing fee of $400 if he wishes to proceed with this action. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,

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No. 2:17-cv-0993 JAM DB P

v.

ORDER

ARYA, 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.
On June 1, 2018, the magistrate judge filed findings and recommendations herein which

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

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

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findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 1, 2018, are adopted in full;

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2. The court finds plaintiff has accrued three strikes under 28 U.S.C. § 1915(g) for the

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reasons set forth in the court’s June 16, 2017 order (ECF No. 4);

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3. The court finds plaintiff has failed to demonstrate that, at the time he filed his

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complaint, he was in imminent danger of serious physical injury, for the reasons set forth in the

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July 6, 2017 order (ECF No. 7);

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4. The court denies plaintiff’s motion to proceed IFP (ECF No. 6); and

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5. If plaintiff wishes to proceed with this action, within fourteen days of the date of this

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order, he must pay the full filing fee of $400. If plaintiff fails to pay these fees, the court will

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dismiss this action without prejudice.

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DATED: June 25, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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