Opinion
1:22-cv-0633 JLT HBK (PC)
10-07-2022
KEVIN ALLEN, Plaintiff, v. A. DELACRUZ, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (DOCS. 11, 12)
The magistrate judge issued Findings and Recommendations, recommending that Plaintiff's motion to proceed IFP be denied. The court found that before filing his lawsuit on May 26, 2022, at least three of Plaintiff's past cases qualify as a “strike” under Ninth Circuit authority. (Doc. 12 at 5-6.) Therefore, the magistrate judge found Plaintiff is subject to the three strikes bar under 28 U.S.C. § 1915(g). (Id.) The magistrate judge also found the allegations in Plaintiff's complaint do not satisfy the “imminent danger of serious physical injury” exception to Section 1915(g), even when liberally construing Plaintiff's complaint. (Id. at 6-7.)
The Findings and Recommendations served on Plaintiff contained a notice that any objections were due within fourteen days. (Doc. 12 at 7.) The court granted Plaintiff's motion for an extension of time to file objections to the Findings and Recommendations. (Doc. 14.) The Court granted the request and ordered Plaintiff to file any objections “no later than September 8, 2022.” (Doc. 15 at 2.) Despite the requested extension of time, Plaintiff has not filed any objections to date.
Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and by proper analysis. Accordingly, the Court ORDERS:
1. The Findings and Recommendations issued on July 14, 2022 (Doc. 12) are ADOPTED in full.
2. Plaintiff's motion to proceed in forma pauperis (Doc. 11) is DENIED.
3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full the $402.00 filing fee if he wishes to proceed with his action.
4. Plaintiff is advised that failure to pay the required filing fee as ordered will result in the dismissal of this action without prejudice.
IT IS SO ORDERED.