(PC) Hollis v. Downing, et al, No. 2:2009cv03431 - Document 68 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 2/10/11 ORDERING The findings and recommendations filed December 9, 2010, are adopted in full. Defendants' May 28, 2010 motion to dismiss (dkt. no. 35-1) is partially granted. Pursuant to the three strikes rule, plaintiff is barred, while incarcerated, from filing further civil rights complaints in federal court without prepayment of the full filing fee. Plaintiff's in forma pauperis status is revoked. Plaintiff is granted twenty-one days from the date of any order by the district court adopting this order to pay the filing fee ($350.00).. (Matson, R)
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(PC) Hollis v. Downing, et al Doc. 68 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN GLENN HOLLIS, Plaintiff, 11 12 13 14 vs. M.S. DOWNING, et al., Defendants. ORDER / 15 16 No. CIV S-09-3431 FCD KJN P Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On December 9, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Plaintiff has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 9, 2010, are adopted in 3 full. 4 5 6 2. Defendants’ May 28, 2010 motion to dismiss (dkt. no. 35-1) is partially granted. 3. Pursuant to the “three strikes” rule under 28 U.S.C. § 1915(g), plaintiff is 7 barred, while incarcerated, from filing further civil rights complaints in federal court without 8 prepayment of the full filing fee. 9 10 4. Plaintiff’s in forma pauperis status is revoked. 5. Plaintiff is granted twenty-one days from the date of any order by the district 11 court adopting this order to pay the filing fee ($350.00). 12 DATED: February 10, 2011. 13 14 15 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2
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