(PC) Hammler v. Cota et al

Filing 59

ORDER signed by District Judge Dale A. Drozd on 9/2/22 ADOPTING 57 Findings and Recommendations and GRANTING 50 Motion to revoke plaintiff's in forma pauperis status. Plaintiff is required to pay the $402 filing fee in full within twenty-one (21) days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:19-cv-01423-DAD-JDP (PC)

Plaintiff,

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v.

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E. COTA, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND REVOKING
PLAINTIFF’S IN FORMA PAUPERIS
STATUS
Defendants.
(Doc. No. 57)

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Plaintiff Allen Hammler is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 5, 2022, the assigned magistrate judge issued findings and recommendations,

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recommending that defendants’ motion to revoke plaintiff’s in forma pauperis status (Doc. No.

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50) be granted because plaintiff has suffered dismissal of at least three previous lawsuits he has

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filed that qualify as strikes under the Prisoner Litigation Reform Act and the imminent danger

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exception does not apply here. (Doc. No. 57.) The findings and recommendations were served

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on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14)

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days of service. (Id. at 3.) No objections have been filed and the time to do so has since passed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and proper analysis.

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Accordingly,

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1.

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adopted in full;
2.

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Defendants’ motion to revoke plaintiff’s in forma pauperis status (Doc. No. 50) is
granted;

3.

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The findings and recommendations issued on August 5, 2022 (Doc. No. 57) are

Plaintiff is required to pay the $402 filing fee in full within twenty-one (21) days
service of this order; and

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The plaintiff is warned that failure to pay the $402 filing fee in full within 21 days

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of this order will result in the termination of all pending motions and dismissal

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without prejudice of this action.

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IT IS SO ORDERED.
Dated:

September 2, 2022
UNITED STATES DISTRICT JUDGE

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