(PC) Gary F. Fisher v. Director of Operations, No. 2:2018cv02902 - Document 15 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 12/18/18 DENYING 11 Motion to Proceed IFP; plaintiff is ORDERED TO PAY the entire $400.00 in required fees within 30 days or face dismissal of the case. (Benson, A.)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY FRANCIS FISHER, 12 Plaintiff, 13 14 15 v. No. 2:18-cv-2902 WBS AC P ORDER DIRECTOR OF OPERATIONS, CDCR, Defendant. 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 November 5, 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. 12. Although the 23 magistrate judge stated that plaintiff had not yet submitted an application to proceed in forma 24 pauperis, it appears that such an application was filed on October 24, 2018. Nevertheless, as the 25 magistrate judge observed, such an application could not be granted because plaintiff has accrued 26 three strikes under 28 U.S.C. § 1915(g), and he has not shown that he is under imminent danger 27 of serious physical injury. Plaintiff has not filed objections to the findings and recommendations 28 and has not yet paid the required filing fee. 1 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 1. The findings and recommendations filed November 5, 2018 (ECF No. 12), are adopted in full; and 6 2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 11) is denied and plaintiff is 7 ordered to pay the entire $400.00 in required fees within thirty days of this order or face dismissal 8 of the case. 9 Dated: December 18, 2018 10 11 12 Fish2902.800 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2