(PC) Hampton v. Virga et al., No. 2:2013cv00923 - Document 24 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 9/27/2018 ADOPTING the 23 findings and recommendations in full. Hampton v. Harrison, No. 2:06-cv-5418 (C.D. Cal. Sep. 14, 2006) and Hampton v. Ayers, No. 2:07-cv-1268 (C.D. Cal. Aug. 14, 2007) are strikes under 28 U.S.C. § 1915(g). Hampton v. Schwarzenegger, No. 2:09-cv-3432 (C.D. Cal. May 22, 2009) is not a strike under 28 U.S.C. § 1915(g). Defendant Agnone's 21 motion to revoke plaintiff's in forma pauperis status is DENIED. (Zignago, K.)

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(PC) Hampton v. Virga et al. Doc. 24 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES HAMPTON, 12 13 14 No. 2:13-cv-0923 JAM DB P Plaintiff, v. ORDER TIM VIRGA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 15, 2018, the magistrate judge issued findings and recommendations herein 21 (ECF No. 23) which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within fourteen days. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations issued August 15, 2018 (ECF No. 23), are ADOPTED in full; 1 Dockets.Justia.com 1 2 3 4 5 6 2. Hampton v. Harrison, No. 2:06-cv-5418 (C.D. Cal. Sep. 14, 2006) and Hampton v. Ayers, No. 2:07-cv-1268 (C.D. Cal. Aug. 14, 2007) are strikes under 28 U.S.C. § 1915(g); 3. Hampton v. Schwarzenegger, No. 2:09-cv-3432 (C.D. Cal. May 22, 2009) is not a strike under 28 U.S.C. § 1915(g), and 4. Defendant Agnone’s motion to revoke plaintiff’s in forma pauperis status (ECF No. 21) pursuant to 28 U.S.C. § 1915(g) is DENIED. 7 8 DATED: September 27, 2018 9 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATED DISTRICT COURT JUDGE 10 11 12 hamp0923.801 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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