(PC) Blackman v. Third Appellate Court Judge Coleman A. Blease et al, No. 1:2007cv01873 - Document 15 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Gary S. Austin on 1/15/2010, Recommending that the Plaintiff's Request to Proceed In Forma Pauperis be Denied, and Plaintiff be Directed to Submit the $350.00 Filing Fee in Full re 8 Amended Complaint filed by Tony Blackman. Motion referred to Judge Ishii. (Objections to F&R due by 2/22/2010) (Figueroa, O)

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(PC) Blackman v. Third Appellate Court Judge Coleman A. Blease et al Doc. 15 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 TONY BLACKMAN, Plaintiff, 8 9 1:07 CV 01873 AWI YNP GSA (PC) vs. FINDINGS AND RECOMMENDATION 10 11 LT. R. PARIN, et al., Defendants. 12 13 14 15 16 Plaintiff is a state prisoner proceeding pro se in a civil rights action challenging the conditions of his confinement. Plaintiff, an inmate in the custody of the California Department of Corrections and 17 Rehabilitation at Corcoran State Prison, brings this action pursuant to 42 U.S.C. § 1983 against 18 correctional officials employed by the CDCR at Corcoran State Prison. Plaintiff’s complaint sets 19 forth allegations that defendants have confiscated his written inmate appeals. 20 The Prison Litigation Reform Act provides that “[i]n no event shall a prisoner bring a 21 civil action . . . under this section if the prisoner has, on 3 or more occasions, while incarcerated 22 or detained in a facility, brought an action or appeal in a court of the United States that was 23 dismissed on the ground that it is frivolous, malicious, or fails to state a claim upon which relief 24 may be granted, unless the prisoner is under imminent danger of serious injury.” 28 U.S.C. § 25 1915(g). 26 1 Dockets.Justia.com 1 This plaintiff has, on 3 prior occasions, brought civil actions challenging the conditions of 2 his confinement. All three action were dismissed as frivolous, or for failure to state a claim upon 3 which relief can be granted. Blackman v. Harwell, et al., 99-5822 REC HGB P (E. Dist. Cal.); 4 Blackman v. Medina, 05-CV-05390-SI (N. Dist. Cal.); Blackman v. Variz , 06-CV 06398 SI (N. 5 Dist. Cal.). 6 facts indicating that he is in imminent danger of serious physical injury. There are no such facts 7 alleged in complaint filed in this case. Accordingly, on October 16, 2009, an order to show cause 8 was entered, directing Plaintiff to show cause why he should not be denied leave to proceed in 9 forma pauperis. Plaintiff has not filed a response to the order to show cause. 10 11 12 Plaintiff is therefore not entitled to proceed in forma pauperis unless he alleges Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s request to proceed in forma pauperis denied, and Plaintiff be directed to submit the $350 filing fee in full. These findings and recommendations are submitted to the United States District Judge 13 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within thirty days 14 after being served with these findings and recommendations, any party may file written 15 objections with the court and serve a copy on all parties. Such a document should be captioned 16 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 17 shall be served and filed within ten days after service of the objections. The parties are advised 18 that failure to file objections within the specified time waives all objections to the judge’s 19 findings of fact. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). Failure to file 20 objections within the specified time may waive the right to appeal the District Court’s order. 21 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 23 24 25 26 2 1 2 IT IS SO ORDERED. Dated: 6i0kij January 15, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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