(PC)Harris v. C. et al, No. 1:2021cv01664 - Document 6 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 3 Findings and Recommendations and Directing Plaintiff to Pay the Filing Fee Within Twenty-One (21) Days signed by District Judge Dale A. Drozd on 12/27/2021. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN HARRIS, 12 Plaintiff, 13 14 v. THERESA C., et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) No. 1:21-cv-01664-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DIRECTING PLAINTIFF TO PAY THE FILING FEE WITHIN TWENTY-ONE DAYS (Doc. No. 3) Plaintiff Marvin Harris is proceeding pro se in this civil rights action pursuant to 42 U.S.C. 17 18 § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. On November 30, 2021, the assigned magistrate judge issued findings and recommendations 20 21 recommending that plaintiff be required to pay the filing fee to proceed with this action. (Doc. No. 3.) 22 The magistrate judge found that plaintiff has previously suffered three prior dismissals counting as 23 strike under 28 U.S.C. § 1915(g) and that he has failed to show that he is in imminent danger of 24 serious physical injury and therefore does not qualify under the exception to that provision. Plaintiff filed objections on December 15, 2021. (Doc. No. 4.) However, plaintiff’s objections 25 26 do not meaningfully address the findings and recommendations. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, the court finds the findings and 3 recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. adopted; and 6 7 The findings and recommendations issued on November 30, 2021, (Doc. No. 3), are 2. Within twenty-one (21) days following the date of service of this order, plaintiff shall 8 pay the $402.00 filing fee in full to proceed with this action. If plaintiff fails to pay the 9 filing fee within the specified time, this action will be dismissed without further notice. 10 11 12 13 IT IS SO ORDERED. Dated: December 27, 2021 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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