(PC) Ellington v. Clark et al, No. 1:2009cv02141 - Document 99 (E.D. Cal. 2011)

Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS, Granting Defendants' Motion, And Revoking Plaintiff's In Forma Pauperis Status (Doc. 95 ), signed by Chief Judge Anthony W. Ishii on 12/23/2011. (Filing Fee Deadline: 1/13/2012) (Fahrney, E)
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(PC) Ellington v. Clark et al Doc. 99 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MARCUS RUBEN ELLINGTON, 9 10 11 12 13 CASE NO. 1:09-CV-02141-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTION, AND REVOKING PLAINTIFF’S IN FORMA PAUPERIS STATUS Defendants. (DOC. 95) v. CLARK, et al., / 14 15 Plaintiff Marcus Ruben Ellington (“Plaintiff”) is a California state prisoner proceeding pro 16 se in this civil rights action pursuant to 42 U.S.C. § 1983. On October 27, 2010, Defendants filed 17 a motion to revoke Plaintiff’s in forma pauperis status. Doc. 70. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 8, 2011, the Magistrate Judge filed a Findings and Recommendations which was 20 served on the parties and which contained notice to the parties that any objection to the Findings and 21 Recommendations was to be filed within eighteen days. Doc. 95. Plaintiff filed an Objection to the 22 Findings and Recommendations on August 24, 2011. Doc. 96. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 25 Recommendations to be supported by the record and by proper analysis. Plaintiff’s contentions are 26 unpersuasive. Plaintiff has accrued three or more strikes pursuant to 28 U.S.C. § 1915(g) prior to 27 the initiation of this action. Plaintiff has not demonstrated that he was under imminent danger of 28 serious physical injury at the time he initiated this action, and is thus not allowed to proceed in forma 1 Dockets.Justia.com 1 pauperis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations, filed August 8, 2011, is adopted in full; 4 2. Defendants’ motion to revoke Plaintiff’s in forma pauperis status, filed October 27, 5 2010, is GRANTED; 6 3. Plaintiff’s in forma pauperis status is revoked; 7 4. Plaintiff is required to pay the $350.00 filing fee in full within fourteen (14) days 8 9 from the date of service of this order; and 5. 10 11 12 13 Failure to timely pay the full filing fee will result in dismissal of this action without prejudice. IT IS SO ORDERED. Dated: 0m8i78 December 23, 2011 CHIEF UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2