(PC) Brown v. Newsom ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEXTER BROWN, No. 2:19-cv-2217-TLN-EFB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 GAVIN NEWSOM, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 17 § 1983, seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). For the reasons 18 stated below, the court finds that plaintiff has not demonstrated he is eligible to proceed in forma 19 pauperis. 20 A prisoner may not proceed in forma pauperis: 21 if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was 22 dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of 23 serious physical injury. 24 25 28 U.S.C. § 1915(g). Court records (and plaintiff’s own complaint, ECF No. 1 at 2) show that 26 plaintiff has been designated a three-strikes litigant for purposes of § 1915(g).1 Further, 27 1 See Brown v. Sagireddy, No. 2:17-cv-2041-KJM-AC (E.D. Cal. May 2, 2018), ECF No. 28 14. 1 | plaintiff’s complaint fails to allege facts that adequately demonstrate he is under imminent danger 2 || of serious physical injury.” Plaintiff’s application for leave to proceed in forma pauperis must 3 | therefore be denied pursuant to § 1915(g). Plaintiff must submit the appropriate filing fee in 4 || order to proceed with this action. 5 Accordingly, IT IS RECOMMENDED that: 6 1. Plaintiff’s application to proceed in forma pauperis (ECF Nos. 2, 7, 9) be denied; and 7 2. Plaintiff be ordered to pay the $400 filing fee within fourteen days from the date of any 8 || order adopting these findings and recommendations and be admonished that failure to do so will 9 | result in the dismissal of this action. 10 These findings and recommendations are submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 12 | after being served with these findings and recommendations, any party may file written 13 || objections with the court and serve a copy on all parties. Such a document should be captioned 14 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 15 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 16 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 17 || Dated: March 19, 2020. 18 tid, PDEA 19 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 *6 ? Plaintiff’s complaint alleges (1) that the Governor is not referring violent crimes inside 27 || prisons for prosecution, and (2) that plaintiff was physically assaulted by another inmate on 38 september 18, 2019, but plaintiff then refused an offer to be moved to safety. ECF No. 1 at 2, 6,