(PC) Harris v. Ukuowgee, No. 1:2022cv00714 - Document 11 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 9 Findings and Recommendations; ORDER DENYING 2 Motion to Proceed IFP; ORDERED that within thirty (30) days following service of this order, Plaintiff shall pay the $402.00 filing fee in full to proceed with this action; ORDERED that the matter is referred back to the Magistrate Judge for further proceedings, signed by District Judge Ana de Alba on 9/29/2022. (Martin-Gill, 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 MARVIN HARRIS, 12 13 14 15 16 17 18 Plaintiff, v. DR. OKUOWGEE, No. 1:22-cv-00714-ADA-BAK (EPG) (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS, AND REQUIRING PLAINTIFF TO PAY THE $402.00 FILING FEE IN FULL Defendant. (ECF Nos. 2, 9) THIRTY (30) DAY DEADLINE Plaintiff Marvin Harris is a state prisoner proceeding pro se in this civil rights action filed 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 23, 2022, the assigned Magistrate Judge issued findings and recommendations 22 suggesting that Plaintiff’s application to proceed in forma pauperis be denied on the grounds that 23 he is subject to the three strikes bar under 28 U.S.C. § 1915(g). (ECF No. 9.) The findings and 24 recommendations contained notice that any objections would be due within fourteen days of 25 service. (Id. at 5.) Plaintiff did not file any objections, and the time to do so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 28 the findings and recommendations are supported by the record and proper analysis. 1 1 Accordingly, 2 1. 3 4 adopted; 2. 5 6 3. Within thirty (30) days following service of this order, Plaintiff shall pay the $402.00 filing fee in full to proceed with this action; 4. 9 10 In accordance with 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma pauperis, (ECF No. 2), is denied; 7 8 The findings and recommendations issued on June 23, 2022, (ECF No. 9), are Failure to pay the required filing fee in full within the specified time will result in the dismissal of this case; and 5. The matter is referred back to the Magistrate Judge for further proceedings. 11 12 13 14 IT IS SO ORDERED. Dated: September 29, 2022 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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