(PC) Brookins v. Renteria ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY L. BROOKINS, ) Case No.: 1:21-cv-1809 JLT HBK ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATION DENYING PLAINTIFF’S 13 v. ) MOTIONS TO PROCEED IN FORMA PAUPERS ) 14 FNU RENTERIA, ) (Docs. 2, 7, 9) ) 15 Defendant. ) ) 16 ) 17 The magistrate judge issued Findings and Recommendations, recommending that Plaintiff’s 18 motions to proceed IFP be denied because Plaintiff has at least three cases dismissed that qualify as a 19 strike under Ninth Circuit caselaw prior to filing his lawsuit on December 27, 2021. (Doc. 9 at 5-6.) 20 Therefore, the magistrate judge found Plaintiff is subject to the three strikes bar under 28 U.S.C. § 21 1915(g). (Id.) The magistrate judge also found the allegations in Plaintiff’s complaint do not satisfy 22 the “imminent danger of serious physical injury” exception to Section 1915(g), even when liberally 23 construing Plaintiff’s complaint. (Id. at 6.) 24 The Findings and Recommendations served on Plaintiff contained a notice that any objections 25 to the were due within fourteen days. (Doc. 9 at 7.) Plaintiff was also “advised that failure to file 26 objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 27 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); citing Baxter v. Sullivan, 923 F.2d 1391, 28 1394 (9th Cir. 1991).) Plaintiff has not filed an objection, and the time to do so has expired. 1 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 2 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations to be 3 || supported by the record and by proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on January 19, 2022 (Doc. 9) are adopted. 5 2. Plaintiff's motions to proceed in forma pauperis (Docs. 2, 7) are denied. 6 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full the 7 $402.00 filing fee if he wishes to proceed with his action. 8 4. Plaintiff is advised that failure to pay the required filing fee as ordered will result in th 9 dismissal of this action without prejudice. 10 11 ||IT IS SO ORDERED. Dated: _ April 29, 2022 Charis [Tourn 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28