(PC) Matthews, II v. The California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaJuly 9, 20251:25-cv-00580California523 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IVAN LEE MATTHEWS, II, Case No.: 1:25-cv-0580 JLT CDB 12 Plaintiff, ORDER DISREGARDING PLAINTIFF’S

UNTIMELY OBJECTIONS

13 v. 14 CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

15 REHABILITATION,

16 Defendant. 17 18 On June 6, 2025, the magistrate judge issued Findings and Recommendations, 19 recommending the denial of Plaintiff’s motion to proceed in forma pauperis (Doc. 11), which the 20 Court re-served on June 12, 2025, after receiving a notice of change of address. The Court 21 notified Plaintiff that any objections were due within 14 days. (Id. at 5.) The Court also advised 22 Petitioner the failure to file timely objections may result in the waiver of rights. (Id., citing 23 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) More than a week after the filing 24 deadline expired, the Court performed a de novo review of matter, found Plaintiff is subject to the 25 three strikes provision of Section 1915(g), and did not show facts to satisfy the “imminent 26 danger” exception. …

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