(PC) Womack v. Mahoney et al., No. 2:2015cv02517 - Document 13 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/2/2018 ADOPTING 10 Findings and Recommendations in full, DENYING 2 Motion to Proceed IFP, and DIRECTING Plaintiff to pay, within 30 days, the entire $400.00 in required fees. (York, M)

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(PC) Womack v. Mahoney et al. Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JEROME WOMACK, 12 13 14 No. 2:15-cv-02517-TLN-AC-P Plaintiff, v. ORDER T. MAHONEY, 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 October 13, 2017, the magistrate judge filed findings and recommendations herein, 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. (ECF No. 10.) Plaintiff 23 was granted an extension of time up to and including November 27, 2017 to file objections to the 24 findings and recommendations. (ECF No. 12.) Plaintiff has not filed objections. 25 The Court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1. The findings and recommendations filed October 13, 2017 (ECF No. 10), are adopted 1 Dockets.Justia.com 1 2 in full; 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied because he has 3 accrued three strikes under 28 U.S.C. § 1915(g) and has not demonstrated that he is under 4 imminent danger of serious physical injury; and 5 6 3. Plaintiff has thirty days to pay the entire $400.00 in required fees or face dismissal of the case. 7 8 Dated: January 2, 2018 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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