(PC) Harris v. Brunk ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN HARRIS, Case No. 1:22-cv-00405 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING 14 D. BRUNK, et al., PAYMENT OF THE FILING FEE 15 Defendants. (Docs. 7, 9) 16 17 Marvin Harris seeks to hold Defendants D. Brunk, Hampson, Figueroa, and John Doe 18 liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. (Doc. 1.) On May 6, 2022, 19 Plaintiff filed a motion to proceed in forma pauperis in the action. (Doc. 7.) 20 The assigned magistrate judge found Plaintiff had at least three cases dismissed that 21 qualified as a strike under Ninth Circuit authority before filing this action on April 8, 2022. (Doc. 22 9 at 5-6.) Therefore, the magistrate judge found Plaintiff is subject to the three strikes bar under 23 28 U.S.C. § 1915(g). (Id.) In addition, the magistrate judge found the complaint did not contain 24 any plausible allegations that would satisfy the “imminent danger of serious physical injury” 25 exception to Section 1915(g), even when liberally construed. (Id. at 6.) Therefore, the magistrate 26 judge recommended Plaintiff’s motion to proceed IFP be denied. (Id.) 27 The Court served the Findings and Recommendations on Plaintiff. It also notified Plaintiff 28 that any objections to the findings and recommendations were due within fourteen days. (Doc. 9 1 | at 6-7.) The Court also advised Plaintiff “that failure to file objections within the specified time 2 | may result in the waiver of rights on appeal.” (/d. at 7, citing Wilkerson v. Wheeler, 772 F.3d 3 | 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff 4 | has not filed objections, and the time to do so has expired. 5 Pursuant to t 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 6 | Having carefully reviewed the entire file, the Court concludes the Findings and 7 | Recommendations are supported by the record and by proper analysis. Accordingly, the Court 8 | ORDERS: 9 1. The Findings and Recommendations issued on August 19, 2022 (Doc. 9) are 10 ADOPTED in full. 11 2. Plaintiff's motion to proceed in forma pauperis (Doc. 7) is DENIED. 12 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 13 the $402.00 filing fee if he wishes to proceed with his action. 14 4. Plaintiff is advised that failure to pay the required filing fee as ordered will result 15 in the dismissal of this action without prejudice. 16 7 IT IS SO ORDERED. 1g | Dated: _ October 7, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28