Driver v. Internal Revenue Service, Fresno Californi et al, No. 1:2022cv00118 - Document 6 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 4 Findings and Recommendations signed by District Judge Anthony W. Ishii on 9/8/2022. (Lundstrom, T)
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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 BILLY DRIVER, JR., 12 13 14 15 Plaintiff, Case No. 1:22-cv-00118-AWI-HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. No. 4) INTERNAL REVENUE SERVICE AT FRESNO, CALIFORNIA, ET. AL., Defendants. 16 17 18 Plaintiff Billy Driver, Jr. initiated this action proceeding pro se by filing a civil rights 19 action under 42 U.S.C. § 1983. Doc. No. 1. The matter was referred to a United States 20 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local 21 Rule 302. 22 On June 10, 2022, the assigned magistrate judge issued a findings and recommendations 23 recommending that Plaintiff’s motion to proceed in forma pauperis be denied because Plaintiff 24 qualifies as a three-striker under § 1915(g). Doc. No. 4 at 1-7. The findings and 25 recommendations further determined the complaint contained no facts to satisfy the imminent 26 physical injury exception. Id. at 6-7. The findings and recommendations served on Plaintiff 27 contained notice that any objections were due within fourteen days. Id. at 1, 7. Plaintiff has not 28 filed any objection and the time to do so has passed. See docket. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court concludes the 3 findings and recommendation are supported by the record and by proper analysis. 4 5 ORDER 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations issued on June 10, 2022, are ADOPTED in full; 8 2. Plaintiff shall have twenty-one (21) days from the date on third order to pay the 9 requisite filing fee; 10 3. Plaintiff’s failure to timely pay the full filing fee will result in the Clerk summarily 11 dismissing this action, terminating any pending motions, and entering judgment accordingly. 12 13 14 15 IT IS SO ORDERED. Dated: September 8, 2022 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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