Opinion
2:20-cv-2088 KJM KJN P
09-28-2021
KOHEN DIALLO UHURU, Plaintiff, v. CHERYLINE MANCUSI, et al., Defendants.
ORDER
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 25, 2021, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis. The court writes separately to note that plaintiff's allegations concerning his mental health do not, without more, support a finding that he has met the required showing of “imminent danger of serious physical injury” to support application of 28 U.S.C. § 1915(g). Cf. Sanders v. Melvin, 873 F.3d 957, 961 (7th Cir. 2017) (“imminent danger of serious physical injury” requirement may be satisfied by prisoner's allegation that his mental illness “disposes him to self-harm” combined with allegations showing “the prospect of self-harm is a consequence of the condition that prompted the suit”).
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed June 25, 2021, are adopted in full;
2. Plaintiffs application to proceed in forma pauperis (ECF No. 2) is denied;
3. Plaintiff is ordered to pay the $402.00 filing fee within thirty day of the date of this order; and.
4. This matter is referred back to the assigned magistrate judge for all further pretrial matters.