Law v. Austin et al

Filing 42

ORDER signed by District Judge John A. Mendez on 8/25/2020 ADOPTING in full 41 Findings and Recommendations and GRANTING 30 defendants' Motion to revoke plaintiff's in forma pauperis status. Plaintiff is DECLARED a three-strike liti gant within the meaning of 28 U.S.C. § 1915(g). Plaintiff's in forma pauperis status granted 8/27/2019, ECF No. 19 , is REVOKED. Plaintiff is ORDERED to pay the $400 fee in this action within 60 days, as a condition to proceed with this case. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS GILBERT LAW,

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Plaintiff,

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v.

No. 2:17-cv-2060 JAM AC P

ORDER

LORI W. AUSTIN, 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 January 23, 2020, the magistrate judge filed 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. 41. 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 filed January 23, 2020, are adopted in full;

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2. Defendants’ motion to revoke plaintiff’s in forma pauperis status, ECF No. 30, is
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GRANTED.

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3. Plaintiff is declared a three-strike litigant within the meaning of 28 U.S.C. § 1915(g);

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4. Plaintiff’s in forma pauperis status granted August 27, 2019, ECF No. 19, is revoked;

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5. Plaintiff is ordered to pay the fees in this action ($400.00) within sixty (60) days, as a

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condition to proceed with this case; and
6. Plaintiff is informed that failure to timely pay the above-noted fees will result in the
dismissal of this action without prejudice.

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DATED: August 25, 2020

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/s/ John A. Mendez_______________ _______

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UNITED STATES DISTRICT COURT JUDGE

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