(PC)Bontemps v. Goforth et al

Filing 8

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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