Opinion
2:23-cv-01233-DAD-KJN (PC)
10-18-2023
BILLY DRIVER, JR, Plaintiff, v. KIMBERLY J. MUELLER, et al., Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION TO PROCEED IN FORMA PAUPERIS (Doc. Nos. 2, 10)
DALE A. DROZD UNITED STATES DISTRICT JUDGE
Plaintiff Billy Driver, Jr. is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. 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 July 28, 2023, the assigned magistrate judge issued findings and recommendations recommending that plaintiff's application to proceed in forma pauperis (Doc. No. 2) be denied because: (1) he is subject to the three strikes bar under 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. 10); see Andrews v. Cervantes, 493 F.3d 1047, 1051-55 (9th Cir. 2007). The magistrate judge also recommended that plaintiff be ordered to pay the required $402.00 filing fee in full in order to proceed with this action. (Id. at 6.) The findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within twenty-one (21) days after service. (Id.) To date, no objections to those findings and recommendations have been filed, and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has conducted a de novo review of the case. Having carefully reviewed the entire file, the undersigned concludes that the findings and recommendations are supported by the record and proper analysis.
Accordingly, 1. The findings and recommendations issued on July 28, 2023 (Doc. No. 10) are adopted;
2. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is denied;
3. Within thirty (30) days from the date of service of this order, plaintiff shall pay the $402.00 filing fee in full in order to proceed with this action;
4. Plaintiff is forewarned that failure to pay the filing fee within the specified time will result in the dismissal of this action; and
5. This matter is referred back to the assigned magistrate judge for further proceedings consistent with this order.
IT IS SO ORDERED.