(PC) Mester v. Malakkla et al, No. 2:2017cv01781 - Document 60 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 11/21/19 ADOPTING 56 Findings and Recommendations in full; Plaintiff is to be declared a three- strikes litigant within the meaning of 28 U.S.C. §1915(g); GRANTING Motion to Revoke Plaintiff 9;s in forma pauperis status 41 ; Plaintiff's in forma pauperis status granted 8/30/17 6 is REVOKED; Within thirty days of the date of this order, Plaintiff shall pay the filing fees prior to proceeding any further with this action. Failure to do so will result in a dismissal of this action, and DENYING 54 Motion for Default Judgment as premature. (Mena-Sanchez, L)
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(PC) Mester v. Malakkla et al Doc. 60 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORRIS MESTER, 12 No. 2:17-cv-1781 JAM AC P Plaintiff, 13 v. 14 N. MALAKKLA, 15 ORDER Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 17 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 21, 2019, the magistrate judge issued findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. ECF No. 56. Plaintiff 23 has filed objections to the findings and recommendations. ECF No. 57. 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 issued October 21, 2019 (ECF No. 56) are 3 ADOPTED in full; 4 5 2. Plaintiff is to be declared a three-strikes litigant within the meaning of 28 U.S.C. § 1915(g); 6 7 3. Defendants’ motion to revoke plaintiff’s in forma pauperis status, filed August 5, 2019 (ECF No. 41), is GRANTED; 8 9 4. Plaintiff’s in forma pauperis status granted August 30, 2017 (see ECF No. 6) is REVOKED; 10 5. Within thirty days of the date of this order, plaintiff shall pay the filing fees prior to 11 proceeding any further with this action. Failure to do so will result in a dismissal of this action, 12 and 13 14 6. Plaintiff’s motion for sanctions, dismissal or an entry of judgment, filed October 2, 2019 (ECF No. 54), is DENIED as premature. 15 16 17 18 DATED: November 21, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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