(PC) Hubbard v. Youngblood, et al., No. 1:2019cv01346 - Document 7 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 6 Findings and Recommendations; ORDER DENYING Plaintiff's 2 Application to Proceed IFP; ORDER REQUIRING Plaintiff to Pay $400.00 Filing Fee in Full within THIRTY Days, signed by Chief Judge Lawrence J. O'Neill on 11/16/2019. 30-DAY DEADLINE. (Orozco, A)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ZANE HUBBARD, 11 12 13 14 Plaintiff, v. DONNY YOUNGBLOOD, et al., Defendants. 15 Case No. 1:19-cv-01346-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NO. 6) ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 2) ORDER REQUIRING PLAINTIFF TO PAY $400.00 FILING FEE IN FULL WITHIN THIRTY DAYS 16 17 18 19 Zane Hubbard (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 20 action. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. 22 On September 17, 2019, Plaintiff filed an application to proceed in forma pauperis. 23 (ECF No. 2). On October 2, 2019, Magistrate Judge Erica P. Grosjean entered findings and 24 recommendations, recommending that Plaintiff’s application to proceed in forma pauperis be 25 denied because Plaintiff has at least three 28 U.S.C. § 1915(g) “strikes” and does not qualify 26 for the imminent danger exception. (ECF No. 6). 27 Plaintiff was provided an opportunity to file objections to the findings and 28 1 1 recommendations. 2 objections or otherwise responded to the findings and recommendations. The deadline to file objections has passed, and Plaintiff has not filed 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 4 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 5 the Court finds the findings and recommendations to be supported by the record and proper 6 analysis. 7 Accordingly, IT IS ORDERED that: 8 1. 9 The findings and recommendations issued by the magistrate judge on October 2, 2019, are ADOPTED IN FULL; 10 2. Plaintiff’s application to proceed in forma pauperis is DENIED; 11 3. Plaintiff shall pay the $400 filing fee in full within thirty days from the date of 12 13 service of this order if he wants to proceed with this action; and 4. 14 Failure to pay the filing fee within thirty days from the date of service of this order will result in the dismissal of this action. 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ November 16, 2019 UNITED STATES CHIEF DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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