(PC)Moten v. Pfeiffer

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHARROD MOTEN, No. 1:24-cv-00022 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (Doc. 10) 14 THERESA CISNEROS, et al., PLAINTIFF’S FILING FEE TO BE PAID IN 15 Defendants. FULL BY MAY 23, 2024 16 SHARROD MOTEN, No. 1:24-cv-00043 JLT GSA (PC) 17 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 18 v. (Doc. 11) 19 CHRISTIAN PFEIFFER, et al., PLAINTIFF’S FILING FEE TO BE PAID IN 20 Defendants. FULL BY MAY 23, 2024 21 22 23 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and 24 has requested permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in both the 25 above-referenced matters. (See Cisneros, Doc. 4; Pfeiffer, Doc. 6 (applications to proceed in 26 forma pauperis).) The matters were referred to a United States Magistrate Judge pursuant to 28 27 U.S.C. § 636(b)(1)(B) and Local Rule 302. 28 On March 27, 2024, the magistrate judge issued Findings and Recommendations in both 1 | cases, which were served on Plaintiff and which notified him that any objections were due within 2 14 days. (See Cisneros, Doc. 10 at 9; Pheiffer, Doc. 11 at 9.) The Court advised him that the 3 | “failure to file objections within the specified time may result in the waiver of nights on appeal.” 4 | Ud., citing Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991).) As of April 22, 2024, Plaintiff has 5 | not filed objections in either case. 6 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of both 7 | matters. Having carefully reviewed the matter, the Court concludes the Findings and 8 | Recommendations in each case are supported by the record and proper analysis. Thus, the Court 9 | ORDERS: 10 1. The Findings and Recommendations issued March 27, 2024, in Moten v. Cisneros, 11 No. 1:24-cv-00022 JLT GSA (Doc. 10), and Moten v. Pfeiffer, No. 1:24-cv-00043 12 JLT GSA (Doc. 11), are ADOPTED IN FULL. 13 3. The Clerk of Court shall IDENTIFY Plaintiff as a three strikes litigant within the 14 meaning of 28 U.S.C. § 1915(g) in the Court’s docketing system. 15 4. Plaintiffs applications to proceed in forma pauperis in Moten v. Cisneros, No. 16 1:24-cv-00022 JLT GSA (see Doc. 4), and Moten v. Pfeiffer, No. 1:24-cv-00043 17 (see Doc. 6) are DENIED. 18 6. On or before May 23, 2024, — Plaintiff shall pay the filing fee in full in each of the 19 above-referenced matters prior to proceeding any further in them. 20 Plaintiff is cautioned that absent exigent circumstances, his failure to pay the filing 21 | fees in full in each case within the time allotted will result in their dismissal without further 22 | notice. 23 IT IS SO ORDERED. Dated: _ April 22, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 26 27 28