(PC) Hammler v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, No. 1:19-cv-00784-DAD-BAM (PC) Plaintiff, v. ORDER DECLINING TO ADOPT FINDINGS

AND RECOMMENDATIONS AND

STATE OF CALIFORNIA, et al., GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS

Defendants. (Doc. Nos. 8, 10)

17 Plaintiff Allen Hammler, a state prisoner, proceeds pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by filing a complaint (Doc. No. 1) and an application to proceed in forma pauperis (Doc. No. 8). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 13, 2019, the assigned magistrate judge issued findings and recommendations, recommending that plaintiff’s application to proceed in forma pauperis be denied and that he 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…