(PC) Azevedo v. Smith et al, No. 2:2018cv02818 - Document 7 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/28/2018 ADOPTING in FULL 5 Findings and Recommendations DENYING 2 Motion to Proceed IFP and he is ORDERED to pay the entire $400.00 in required fees within thirty days or face dismissal of the case. (Washington, S)
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(PC) Azevedo v. Smith et al Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX LEONARD AZEVEDO, 12 13 14 15 No. 2:18-cv-02818-TLN-AC Plaintiff, v. ORDER ALBERT SMITH, et al., Defendants. 16 17 Plaintiff, a county inmate 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 November 1, 2018, 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 fourteen days. (ECF No. 5.) Plaintiff has 23 filed objections to the findings and recommendations. (ECF No. 6.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 Court has conducted a de novo review of this case. To the extent it appears that Plaintiff may be 26 attempting to argue that he was not subject to the limitations of 28 U.S.C. § 1915(g) because he 27 was released from custody on March 1, 2018, he also states that he returned to custody on June 28 19, 2018. (ECF No. 6 at 1.) The complaint was filed on October 17, 2018 (ECF No. 1 at 7), and 1 Dockets.Justia.com 1 Plaintiff’s motion to proceed in forma pauperis reflects that he was still in custody on that date 2 (ECF No. 2). Plaintiff was therefore in custody and subject to § 1915(g)’s limitations when he 3 filed the complaint. Having carefully reviewed the entire file, the Court finds the findings and 4 recommendations to be supported by the record and by proper analysis. 5 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed November 1, 2018 (ECF No. 5), are adopted 8 9 10 in full; and 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied and he is ordered to pay the entire $400.00 in required fees within thirty days or face dismissal of the case. 11 12 Dated: November 28, 2018 13 14 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2