(PC) Sharp v. Board of Supervisors (Fresno), et al., No. 1:2022cv00012 - Document 8 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 7 Findings and Recommendations signed by District Judge Dale A. Drozd on 5/24/2022. (Sant Agata, S)
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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 ANTHONY ANDRE SHARP, 12 13 14 15 No. 1:22-cv-00012-DAD-HBK (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS BOARD OF SUPERVISORS, et al., (Doc. No. 7) Defendants. 16 17 18 Plaintiff Anthony Andre Sharp is a state prisoner proceeding pro se in this civil rights 19 action filed pursuant to 42 U.S.C. § 1983. The 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 April 8, 2022, the assigned magistrate judge issued findings and recommendations, 22 recommending that plaintiff’s application to proceed in forma pauperis be denied and that he be 23 required to pay the $402.00 filing fee in full to proceed with this action because: (1) he is subject 24 to the three strikes bar under 28 U.S.C. § 1915(g); and (2) the allegations of plaintiff’s complaint 25 do not satisfy the “imminent danger of serious physical injury” exception to § 1915(g). (Doc. 26 No. 7.) Those findings and recommendations were served on plaintiff and contained notice that 27 any objections thereto were to be filed within fourteen (14) days after service. (Id.) To date, no 28 objections have been filed with the court and the time in which to do so has now passed. 1 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 by proper analysis. 4 Accordingly, 5 1. 6 The findings and recommendations issued on April 8, 2022 (Doc. No. 7) are adopted; 7 2. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied; 8 3. Within twenty-one (21) days following service of this order, plaintiff shall pay the 9 10 required $402.00 filing fee in full to proceed with this action; and 4. 11 12 13 14 Plaintiff’s failure to pay the filing fee within the specified time will result in the dismissal of this action. IT IS SO ORDERED. Dated: May 24, 2022 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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