Opinion
Case No. 1:20-cv-00395-NONE-BAM (PC)
05-10-2020
DAVID SABINO QUAIR, III, Plaintiff, v. SANTURO, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DENIAL OF PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. Nos. 7, 9)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff David Sabino Quair, III is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.
On April 8, 2020, the assigned magistrate judge issued findings and recommendations that plaintiff's application to proceed in forma pauperis be denied and that plaintiff be required to pay the $400.00 filing fee in full to proceed with this action because: (1) he is subject to the three strikes bar pursuant to 28 U.S.C. § 1915(g); and (2) the allegations of plaintiff's complaint do not satisfy the "imminent danger of serious physical injury" exception to § 1915(g). (Doc. No. 9.) Those findings and recommendations were served on Plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 3.) No objections have been filed, and the deadline to do so has expired.
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, IT IS HEREBY ORDERED that:
1. The findings and recommendations, (Doc. No. 9), issued on April 8, 2020, are adopted in full;IT IS SO ORDERED.
2. In accordance with 28 U.S.C. § 1915(g), plaintiff's application to proceed in forma pauperis (Doc. No. 7) is denied; and
3. Within twenty-one (21) days following the date of service of this order, plaintiff shall pay the $400.00 filing fee in full to proceed with this action. If plaintiff fails to pay the filing fee within the specified time, this action will be dismissed without further notice.
Dated: May 10 , 2020
/s/_________
UNITED STATES DISTRICT JUDGE