(PC) McCoy v. Alison ( 2022 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH RAYMOND MCCOY, No. 1:22-cv-00234 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS 13 v. AND DIRECTING PLAINTIFF TO PAY THE $402.00 FILING FEE IN FULL 14 KATHILEEN ALISON, et al., (Doc. 6) 15 Defendants. 16 17 The assigned magistrate judge issued Findings and Recommendations that Plaintiff’s 18 application to proceed in forma pauperis be denied. (Doc. 6.) The magistrate judge found 19 Plaintiff is subject to the three strikes bar under 28 U.S.C. § 1915(g) (Id. at 2-3) and that the 20 allegations in Plaintiff’s complaint do not satisfy the “imminent danger of serious physical 21 injury” exception to Section 1915(g). (Id. at 3-4.) Therefore, the magistrate judge recommended 22 Plaintiff be directed to pay the filing fee in full to proceed with this action. (Id. at 4.) 23 The Court served the Findings and Recommendations on Plaintiff, which contained notice 24 that any objections thereto were to be filed within 14 days from the date of service. (Doc. 6 at 5.) 25 In addition, the Court advised Plaintiff “that failure to file objections within the specified time 26 may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 27 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Despite the 28 Court granting Plaintiff an extension of time to file objections, he did not do so. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 2 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 3 || Recommendations are supported by the record and by proper analysis. Accordingly, the Court 4 | ORDERS: 5 1. The Findings and Recommendations entered on March 1, 2022 (Doc. 6), are 6 ADOPTED in full. 7 2. Pursuant to 28 U.S.C. § 1915(g), Plaintiff is not permitted to proceed in forma 8 pauperis in this action. 9 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 10 the $402.00 filing fee for this action; and 11 4. Plaintiff’ is advised that failure to pay the required filing fee as ordered will result 12 in the dismissal of this action without prejudice. 13 4 IT IS SO ORDERED. 5 Dated: _ April 11, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:22-cv-00234

Filed Date: 4/11/2022

Precedential Status: Precedential

Modified Date: 6/20/2024