(PC) Anderson v. Kernan et al, No. 1:2019cv01048 - Document 20 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 13 Findings and Recommendations, DENYING Plaintiff's 2 , 10 Motions to Proceed In Forma Pauperis, and DISMISSING Action without Prejudice, signed by Chief Judge Lawrence J. O'Neill on 11/16/2019. CASE CLOSED (Orozco, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HECTOR CLARENCE ANDERSON, 12 13 v. 14 KERNAN, et al., 15 Case No. 1:19-cv-01048-LJO-SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S MOTIONS TO PROCEED IN FORMA PAUPERIS, AND DISMISSING ACTION WITHOUT PREJUDICE Defendants. (Docs. 2, 10, 13) 16 17 Plaintiff Hector Clarence Anderson is a state prisoner proceeding pro se in this civil rights 18 action under 42 U.S.C. § 1983. On July 31, 2019, and August 14, 2019, Plaintiff filed motions to 19 proceed in forma pauperis. (Docs. 2, 10.) This matter was referred to a United States magistrate 20 judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 5, 2019, the magistrate judge issued findings and recommendations to deny 22 Plaintiff’s motions to proceed in forma pauperis because he has three “strikes” under 28 U.S.C. 23 § 1915(g) and fails to show that he is in imminent danger of serious physical injury. (Doc. 13.) 24 Upon Plaintiff’s motion, (Doc. 14), the magistrate judge granted Plaintiff an extension of time to 25 file objections to the findings and recommendations. (Doc. 15.) Though the extended deadline has 26 passed, Plaintiff has not filed any objections. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the file, the Court finds the findings and 1 recommendations to be supported by the record and proper analysis. 2 Accordingly, the Court HEREBY ORDERS that: 3 1. 4 5 ADOPTED in full; 2. 6 7 The findings and recommendations issued on September 5, 2019, (Doc. 13), be Plaintiff’s applications to proceed in forma pauperis, (Docs. 2, 10), be DENIED; and, 3. 8 This action be DISMISSED without prejudice to refiling upon prepayment of the filing fee. 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 16, 2019 UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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