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Miller v. Brown

United States District Court, E.D. California
Feb 25, 2010
No. 2:09-cv-03403-MCE-GGH-P (E.D. Cal. Feb. 25, 2010)

Opinion

No. 2:09-cv-03403-MCE-GGH-P.

February 25, 2010


ORDER


Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 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 General Order No. 262.

On January 28, 2010, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 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 by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed January 28, 2010, are adopted in full;

2. Plaintiff is barred from proceeding in forma pauperis in this action under the three strikes provision of 28 U.S.C. § 1915(g);

3. Plaintiff, within 21 days of the date of this order, must pay the $350.00 filing fee in full; upon the expiration of that period, should plaintiff fail to do so, this action will be dismissed with prejudice; and

4. Plaintiff's defective motions for preliminary injunctive relief, filed on January 14, 2010 (docket # 7), and on January 21, 2010 (docket # 8), are denied.


Summaries of

Miller v. Brown

United States District Court, E.D. California
Feb 25, 2010
No. 2:09-cv-03403-MCE-GGH-P (E.D. Cal. Feb. 25, 2010)
Case details for

Miller v. Brown

Case Details

Full title:ERNEST MILLER, Plaintiff, v. EDMUND G. BROWN, JR., et al., Defendants

Court:United States District Court, E.D. California

Date published: Feb 25, 2010

Citations

No. 2:09-cv-03403-MCE-GGH-P (E.D. Cal. Feb. 25, 2010)