(PC)Bontemps v. Goforth et al
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ADOPTING in full 7 Findings and Recommendations. The Court finds plaintiff accrued three strikes under 28 U.S.C. Section 1915(g) prior tofiling this action. Plaintiff's 6 motion to proceed in forma pauperis is DENIED. Plaintiff shall pay the $400.00 filing fee in order to proceed with this action within 30 days of the filed date of this order. (Kastilahn, A)
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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. 2:19-cv-1815 KJM KJN P
v.
ORDER
R. GOFORTH, 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 as provided
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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On March 6, 2020, the magistrate judge filed findings and recommendations, which were
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served on plaintiff and which contained notice to plaintiff that any objections to the findings and
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recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the
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findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
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supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 6, 2020, are adopted in full;
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2. The court finds plaintiff accrued three strikes under 28 U.S.C. Section 1915(g) prior to
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filing this action;
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3. Plaintiff’s motion to proceed in forma pauperis is denied; and
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4. Plaintiff shall pay the $400.00 filing fee in order to proceed with this action within
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thirty days of the filed date of this order.
DATED: October 15, 2020.
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