Mester v. Malakkla et al
Filing
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ORDER signed by District Judge John A. Mendez on 11/21/19 ADOPTING 56 Findings and Recommendations in full; Plaintiff is to be declared a three- strikes litigant within the meaning of 28 U.S.C. §1915(g); GRANTING Motion to Revoke Plaintiff 9;s in forma pauperis status 41 ; Plaintiff's in forma pauperis status granted 8/30/17 6 is REVOKED; Within thirty days of the date of this order, Plaintiff shall pay the filing fees prior to proceeding any further with this action. Failure to do so will result in a dismissal of this action, and DENYING 54 Motion for Default Judgment as premature. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MORRIS MESTER,
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No. 2:17-cv-1781 JAM AC P
Plaintiff,
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v.
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N. MALAKKLA,
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ORDER
Defendants.
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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil
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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 21, 2019, the magistrate judge issued findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. ECF No. 56. Plaintiff
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has filed objections to the findings and recommendations. ECF No. 57.
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 issued October 21, 2019 (ECF No. 56) are
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ADOPTED in full;
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2. Plaintiff is to be declared a three-strikes litigant within the meaning of 28 U.S.C. §
1915(g);
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3. Defendants’ motion to revoke plaintiff’s in forma pauperis status, filed August 5, 2019
(ECF No. 41), is GRANTED;
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4. Plaintiff’s in forma pauperis status granted August 30, 2017 (see ECF No. 6) is
REVOKED;
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5. Within thirty days of the date of this order, plaintiff shall pay the filing fees prior to
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proceeding any further with this action. Failure to do so will result in a dismissal of this action,
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and
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6. Plaintiff’s motion for sanctions, dismissal or an entry of judgment, filed October 2,
2019 (ECF No. 54), is DENIED as premature.
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DATED: November 21, 2019
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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