(PC) Quair v. Thomas et al, No. 1:2021cv01397 - Document 10 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 8 Findings and Recommendations in Part, DENYING 2 Motion to Proceed In Forma Pauperis, and Requiring Plaintiff to Pay Filing Fee, signed by District Judge Dale A. Drozd on 11/22/2021. Filing Fee Deadline Due Within Twenty-One Days. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY R. QUAIR, SR., 12 Plaintiff, 13 v. 14 THOMAS, et al., 15 No. 1:21-cv-01397-NONE-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN PART, DENYING MOTION TO PROCEED IN FORMA PAUPERIS, AND REQUIRING PLAINTIFF TO PAY FILING FEE Defendants. (Doc. Nos. 2 & 8) 16 Twenty-One Day Deadline 17 18 19 Plaintiff Sammy R. Quair is a state prisoner proceeding pro se in this civil rights action 20 brought under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 13, 2021, the assigned magistrate judge issued findings and 22 23 recommendations, recommending that plaintiff’s motion to proceed in forma pauperis (Doc. No. 24 2) be denied because plaintiff has accrued three “strike” dismissals under 28 U.S.C. § 1915(g) 25 and fails to show that he is under imminent danger of serious physical injury. (Doc. No. 8.) The 26 findings and recommendations were served on plaintiff and provided him 14 days to file 27 objections thereto. Id. at 3. Plaintiff has not filed any objections, and the time to do so has 28 passed. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and proper analysis insofar as the magistrate 4 judge has recommended denial of plaintiff’s in forma pauperis application. However, in an 5 abundance of caution, the court will permit plaintiff an opportunity to pay the filing fee before 6 ordering dismissal. 7 Accordingly, 8 1. The findings and recommendations issued on October 13, 2021 (Doc. No. 8) are 9 adopted in part; 10 2. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied; 11 3. Within twenty-one (21) days following the date of service of this order, plaintiff shall 12 pay the $402.00 filing fee in full to proceed with this action. If plaintiff fails to pay 13 the filing fee within the specified time, this action will be dismissed without further 14 notice. 15 16 17 IT IS SO ORDERED. Dated: November 22, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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