(PC) Adams v. California Department of Corrections et al, No. 2:2020cv00858 - Document 10 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge John A. Mendez on 12/07/2020 ADOPTING IN FULL 6 Findings and Recommendations and DENYING 5 Motion to Proceed IFP. The court finds plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior to filing this action. Within 45 days of the date of this order, plaintiff shall pay the $400 filing fee in order to proceed with this action. (Tupolo, A)

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(PC) Adams v. California Department of Corrections et al Doc. 10 Case 2:20-cv-00858-JAM-DB Document 10 Filed 12/08/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD LEE ADAMS, 12 13 14 15 No. 2:20-cv-0858 JAM DB P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 27, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 6.) Plaintiff has 24 filed objections to the findings and recommendations. (ECF No. 9.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com Case 2:20-cv-00858-JAM-DB Document 10 Filed 12/08/20 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 27, 2020, are adopted in full; 3 2. Plaintiff’s motion to proceed in forma pauperis is denied; 4 3. The court finds plaintiff accrued three strikes under 28 U.S.C. § 1915(g) prior to filing 5 6 7 this action; 4. Within forty-five days of the date of this order, plaintiff shall pay the $400 filing fee in order to proceed with this action. 8 9 10 11 DATED: December 7, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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