Dupree v. Moreno

Full title: RICHARD JOSE DUPREE, JR., Plaintiff, v. E. MORENO, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 23, 2021

No. 1:21-cv-00100-DAD-SAB (PC) (E.D. Cal. Feb. 23, 2021)

Opinion

No. 1:21-cv-00100-DAD-SAB (PC)

02-23-2021

RICHARD JOSE DUPREE, JR., Plaintiff, v. E. MORENO, et al., Defendants.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. Nos. 2, 7)

Plaintiff Richard Jose Dupree, Jr. is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On January 25, 2021, the assigned magistrate judge issued findings and recommendations recommending that plaintiff's application to proceed in forma pauperis (Doc. No. 2) be denied and that he be required to pay the $402.00 filing fee in full to proceed with this action because: (1) he is subject to the three strikes bar under 28 U.S.C. § 1915(g); and (2) the allegations of his complaint do not satisfy the "imminent danger of serious physical injury" exception to § 1915(g). (Doc. No. 7 at 2-3.) The findings and recommendations were served on plaintiff and contained notice that objections thereto were to be filed within fourteen (14) days after service. (Id. at 3.) The deadline to do so has since passed, and no objections have been filed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the magistrate judge's findings and recommendations are supported by the record and proper analysis.

Accordingly,

1. The findings and recommendations issued on January 25, 2021 (Doc. No. 7) are adopted in full;

2. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is denied;

3. Within twenty-one (21) days from the date of service of this order, plaintiff shall pay the $402.00 filing fee in full in order to proceed with this action;

4. Plaintiff is forewarned that failure to pay the filing fee within the specified time will result in the dismissal of this action; and

5. This matter is referred back to the assigned magistrate judge for further proceedings consistent with this order.

IT IS SO ORDERED.

Dated: February 23 , 2021

/s/_________

UNITED STATES DISTRICT JUDGE