(PC) Hammler v. Diaz et al, No. 1:2020cv00488 - Document 6 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 5 Findings and Recommendations; ORDERED Pursuant to 28 U.S.C. § 1915(g), plaintiff is denied leave to proceed in this action in forma pauperis under 28 U.S.C. § 1915(g);ORDERED that Plaintiff shall pay the $402.00 Filing Fee in Full, signed by District Judge Dale A. Drozd on 12/10/2020. (30-Day Deadline)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, NO. 1:20-cv-0488 NONE JLT (PC) 12 Plaintiff, 13 14 v. ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS UNDER 28 U.S.C. § 1915(g) 15 16 17 RALPH DIAZ, et al., (Doc. No. 5) THIRTY-DAY DEADLINE Defendants. 18 19 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 20 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 21 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On November 10, 2020, the assigned magistrate judge issued findings and 23 recommendations recommending that plaintiff’s application for leave to proceed in forma 24 pauperis be denied based upon his having previously filed three or more actions that were 25 dismissed as frivolous or malicious, or for failure to state a claim. (Doc. No. 5.) The findings 26 and recommendations also concluded that the allegations of plaintiff’s complaint did not trigger 27 the exception to the three strikes provision for allegations of imminent danger of serious physical 28 1 1 injury. 28 U.S.C. § 1915(g). (Id.) The findings and recommendations were served on plaintiff 2 and contained notice to plaintiff that any objections to the findings and recommendations were to 3 be filed within fourteen days. Plaintiff has not filed objections to the findings and 4 recommendations and the time in which to do so has now passed. 5 6 7 The court has reviewed the file and finds the findings and recommendations to be supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 10, 2020 (Doc. 5), are adopted in 8 9 full; 2. Pursuant to 28 U.S.C. § 1915(g), plaintiff is denied leave to proceed in this action in 10 forma pauperis under 28 U.S.C. § 1915(g); and 11 3. Plaintiff shall pay the $402.00 filing fee in full within thirty days before proceeding in 12 this action. Failure to pay the filing fee in full will result in the dismissal of this action. 13 IT IS SO ORDERED. 14 Dated: 15 December 10, 2020 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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