(PC) Jolivette v. People of the State of California, No. 2:2021cv00306 - Document 12 (E.D. Cal. 2021)
Court Description: ORDER signed by Magistrate Judge Deborah Barnes on 4/15/2021 VACATING 10 Findings and Recommendations in full.(Henshaw, R)
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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 PAUL PATRICK JOLIVETTE, 12 13 14 15 16 No. 2:21-cv-0306 KJM DB P Plaintiff, v. ORDER PEOPLE OF THE STATE OF CALIFORNIA, Defendant. 17 18 Plaintiff, a state prisoner, proceeds without counsel in an action brought under 42 U.S.C. § 19 1983. On March 30, 2021, the undersigned issued findings and recommendations recommending 20 that plaintiff not be allowed to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(g). This 21 recommendation was based on plaintiff’s complaint not alleging imminent danger of serious 22 physical injury and court records indicating plaintiff has brought three or more prior dismissed 23 actions within the meaning of subdivision (g) of section 1915. (ECF No. 10.) 24 25 26 Plaintiff has now paid the filing fee for this case. The undersigned will vacate the findings and recommendations issued March 30, 2021. Notwithstanding the payment of the filing fee, the court is required to screen this 27 complaint brought by a prisoner and seeking relief against a governmental entity or officer or 28 employee of a governmental entity. See 28 U.S.C. § 1915A(a). Pursuant to 28 U.S.C. § 1915A(a), 1 1 the court must dismiss a complaint or portion thereof if the prisoner has raised claims that are 2 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 3 that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 4 1915A(b)(1), (2). Since plaintiff has paid the filing fee, plaintiff’s complaint will be screened in 5 due course. 6 IT IS HEREBY ORDERED the March 30, 2021 findings and recommendations (ECF No. 7 10) are vacated in full. 8 Dated: April 15, 2021 9 10 11 12 13 DLB7 joli0306.vacate1915(g).fr 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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