(PC) Williams-Mootry v. Benbrook ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE MO’NIQUE WILLIAMS- No. 2:21-cv-0229 CKD P MOOTRY, 12 Plaintiff, 13 ORDER AND v. 14 FINDINGS AND RECOMMENDATIONS JOSHUA DAVID BENBROOK, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 19 U.S.C. § 1983. Plaintiff requests leave to proceed in forma pauperis. Title 28 U.S.C. § 1915(g) 20 reads as follows: 21 In no event shall a prisoner bring a civil action . . . [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated 22 or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is 23 frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious 24 physical injury. 25 A review of court records reveals that plaintiff was found to have “struck out” in 1:03-cv- 26 6770 REC WMW and judgment in that action was final well before this action was commenced. 27 Plaintiff does not allege plaintiff is under imminent danger of serious physical injury. 28 ///// 1 In light of the foregoing, the court will recommend that plaintiffs request for leave to 2 || proceed in forma pauperis be denied and plaintiff be granted fourteen days within which to pay 3 || the filing fee for this action.! 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 5 || court judge to this case; and 6 IT IS HEREBY RECOMMENDED that: 7 1. Plaintiff's motion for leave to proceed in forma pauperis (ECF No. 4) be denied; and 8 2. Plaintiff be ordered to submit the $402 filing fee for this action within 14 days. 9 These findings and recommendations are submitted to the United States District Judge 10 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 | with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 13 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 14 | time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 15 | (9th Cir. 1991). 16 || Dated: May 18, 2021 d ty / da ds AWG fe HO. LAG M CAROLYNK.DELANEY 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 iy will0229.3k 23 24 25 26 27 | | Inadocument received by the court on February 26, 2021, plaintiff suggests that $400 was sent to the court to partially satisfy the filing fee for this matter. Plaintiff is informed that the court has 28 | no record of receiving any such funds.