(PC) Washington v. CDC

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODERICK NATHANIEL No. 2:24-cv-1784 DJC CSK P WASHINGTON, 12 Plaintiff, 13 ORDER v. 14 CALIFORNIA DEPARTMENT OF 15 CORRECTIONS, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 2, 2024, the Magistrate Judge filed findings and recommendations 22 herein which were served on plaintiff, and which contained notice to Plaintiff that any 23 objections to the findings and recommendations were to be filed within fourteen 24 days. On July 9, 2024, Plaintiff submitted the court’s filing fee in full. (ECF No. 4.) On 25 July 23, 2024, Plaintiff’s objections to the findings and recommendations were 26 entered on the court docket. (ECF No. 5.) Because Plaintiff submitted his objections 27 to prison staff for mailing on July 16, 2024, his objections are timely under the mailbox 28 rule. Houston v. Lack, 487 U.S. 266, 275-76 (1988) (pro se prisoner filing is dated from 1 | the date prisoner delivers it to prison authorities). 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 3 | 304, this Court conducted a de novo review of this case. Having carefully reviewed 4 | the entire file, the Court finds the findings and recommendations to be supported by 5 | the record and by proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 3) are adopted in full; 8 2. Plaintiff is a three strikes litigant within the meaning of 28 U.S.C. § 1915(g) 9 | and failed to demonstrate he was under imminent danger of serious physical injury at 10 | the time he filed this action; thus, Plaintiff is required to pay the court's filing fee in full 11 | prior to proceeding any further with this action; and 12 3. In light of Plaintiff's subsequent payment of the full filing fee, this matter is 13 | remanded to the assigned magistrate judge for further proceedings. 14 15 IT IS SO ORDERED. 16 | Dated: _August 14, 2024 “Dane J CoO □□□□ Hon. Daniel alabretta v7 UNITED STATES DISTRICT JUDGE 18 19 20 | wash1784.804 21 22 23 24 25 26 27 28