(PC) Bonilla v. Solano County, No. 2:2018cv02554 - Document 10 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/20/2018 VACATING the 7 findings and recommendations filed on 11/19/2018. IT IS RECOMMENDED that plaintiff's 8 motion to proceed ifp be denied; and plaintiff be ordered to pay the filing fee within 14 days of the adoption of these findings and recommendations. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN WAYNE BONILLA, 12 Plaintiff, 13 14 No. 2: 18-cv-2554 JAM KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS SOLANO COUNTY, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. On November 19, 2018, the undersigned recommended that this action be 19 dismissed for plaintiff’s failure to file an in forma pauperis application or pay the filing fee. (ECF 20 No. 7.) On December 10, 2018, plaintiff filed an in forma pauperis application. (ECF No. 8.) 21 Good cause appearing, the November 19, 2018 findings and recommendations are vacated. 22 The court has recently learned that plaintiff is not permitted to proceed in forma pauperis 23 because he has “struck out” pursuant to Title 28 U.S.C. § 1915(g). See Bonilla v. Lively, 4: 11- 24 cv-3180 CW (N.D. Cal. Oct. 25, 2011). In the instant action, plaintiff also does not allege that he 25 is under “imminent danger of serious physical injury.” See 28 U.S.C. § 1915(g). Accordingly, IT IS HEREBY ORDERED that the November 19, 2018 findings and 26 27 recommendations (ECF No. 7) are vacated; and 28 //// 1 1 IT IS HEREBY RECOMMENDED that: 2 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 8) be denied; 3 2. Plaintiff be ordered to pay the filing fee within fourteen days of the adoption of these 4 findings and recommendations. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 10 failure to file objections within the specified time may waive the right to appeal the District 11 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: December 20, 2018 13 14 15 16 17 Bon2554.vac 18 19 20 21 22 23 24 25 26 27 28 2