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Harris v. Theresa C.

United States District Court, Eastern District of California
Jun 10, 2022
1:21-cv-01684-AWI-SKO (PC) (E.D. Cal. Jun. 10, 2022)

Opinion

1:21-cv-01684-AWI-SKO (PC)

06-10-2022

MARVIN HARRIS, Plaintiff, v. THERESA C., et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (DOC. 6)

Plaintiff Marvin Harris, a state prisoner, proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On December 15, 2021, the assigned magistrate judge filed findings and recommendations, recommending that Plaintiff's motion to proceed in forma pauperis be denied, and that this action be dismissed without prejudice because Plaintiff has accrued more than three “strike” dismissals under 28 U.S.C. § 1915(g), and the allegations in his complaint fail to show that he is under imminent danger of serious physical injury. (Doc. No. 6.) The magistrate judge provided Plaintiff 14 days to file objections to the findings and recommendations. (Id. at 3.) Plaintiff did not file any objections, and the time to do so has passed.

The Court notes Plaintiff filed a Notice of Appeal on January 5, 2022 (Doc. No. 9); however, the Ninth Circuit Court of Appeals dismissed the appeal (Case No. 22-15086) for a lack of jurisdiction on March 16, 2022. (See Doc. No. 12.)

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations issued on December 15, 2021 (Doc. No. 6) are ADOPTED in full;

2. Plaintiff's motion to proceed in forma pauperis (Doc. No. 3) is DENIED;

3. This action is DISMISSED without prejudice to refiling upon prepayment of the filing fee; and, 4. The Clerk of the Court is directed to terminate all pending motions and to close this case.

IT IS SO ORDERED.


Summaries of

Harris v. Theresa C.

United States District Court, Eastern District of California
Jun 10, 2022
1:21-cv-01684-AWI-SKO (PC) (E.D. Cal. Jun. 10, 2022)
Case details for

Harris v. Theresa C.

Case Details

Full title:MARVIN HARRIS, Plaintiff, v. THERESA C., et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 10, 2022

Citations

1:21-cv-01684-AWI-SKO (PC) (E.D. Cal. Jun. 10, 2022)