(PC)Miller v. Brown et al, No. 2:2009cv03403 - Document 12 (E.D. Cal. 2010)
Court Description: ORDER adopting in full 9 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 2/25/2010. Pltf is barred from proceeding IFP in this action under the three strikes provision of 28 U.S.C. § 1915(g). Pltf is directed to pay the $350 filing fee in full, within 21 days of the date of this order. Pltf's 7 and 8 defective motions for preliminary injunctive relief, are DENIED.(Kastilahn, A)
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(PC)Miller v. Brown et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST MILLER, 12 Plaintiff, 13 14 No. 2:09-cv-03403-MCE-GGH-P v. ORDER EDMUND G. BROWN, JR., et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed 18 this civil rights action seeking relief under 42 U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 21 262. 22 On January 28, 2010, the magistrate judge filed findings and 23 recommendations herein which were served on plaintiff and which 24 contained notice to plaintiff that any objections to the findings 25 and recommendations were to be filed within twenty-one days. 26 1 Dockets.Justia.com 1 Plaintiff has filed objections to the findings and 2 recommendations. 3 In accordance with the provisions of 28 U.S.C. 4 § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a 5 de novo review of this case. 6 entire file, the court finds the findings and recommendations to 7 be supported by the record and by proper analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. 10 11 Having carefully reviewed the The findings and recommendations filed January 28, 2010, are adopted in full; 2. Plaintiff is barred from proceeding in forma pauperis in 12 this action under the 13 three strikes provision of 28 U.S.C. § 1915(g); 14 3. Plaintiff, within 21 days of the date of this order, 15 must pay the $350.00 filing fee in full; upon the expiration of 16 that period, should plaintiff fail to do so, this action will be 17 dismissed with prejudice; and 18 4. Plaintiff’s defective motions for preliminary injunctive 19 relief, filed on January 20 14, 2010 (docket # 7), and on January 21, 2010 (docket # 8), are 21 denied. 22 Dated: February 25, 2010 23 24 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 25 26 2
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