(PC) Bontemps v. Arya et al, No. 2:2017cv00993 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 6/25/2018. The court finds plaintiff has accrued 3 strikes under 28 U.S.C. § 1915(g) and that he has failed to demonstrate that, at the time he f iled his complaint, he was in imminent danger of serious physical injury; The Court denies Plaintiff's 6 Motion to Proceed IFP. Within 14 days, Plaintiff must pay the full filing fee of $400 if he wishes to proceed with this action. (Fabillaran, J)
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(PC) Bontemps v. Arya et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY C. BONTEMPS, 12 Plaintiff, 13 14 No. 2:17-cv-0993 JAM DB P v. ORDER ARYA, 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. On June 1, 2018, the magistrate judge filed findings and recommendations herein which 20 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 1, 2018, are adopted in full; 3 2. The court finds plaintiff has accrued three strikes under 28 U.S.C. § 1915(g) for the 4 reasons set forth in the court’s June 16, 2017 order (ECF No. 4); 5 3. The court finds plaintiff has failed to demonstrate that, at the time he filed his 6 complaint, he was in imminent danger of serious physical injury, for the reasons set forth in the 7 July 6, 2017 order (ECF No. 7); 8 4. The court denies plaintiff’s motion to proceed IFP (ECF No. 6); and 9 5. If plaintiff wishes to proceed with this action, within fourteen days of the date of this 10 order, he must pay the full filing fee of $400. If plaintiff fails to pay these fees, the court will 11 dismiss this action without prejudice. 12 13 14 15 DATED: June 25, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2