(PC) Khademi v. City of Roseville Police Dept. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, No. 2:23-cv-1735 KJM CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CITY OF ROSEVILLE POLICE DEPARTMENT, 15 Defendant. 16 17 18 Plaintiff is a Placer County inmate proceeding pro se with a civil action. This proceeding 19 was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 20 Plaintiff has requested leave to proceed in forma pauperis. Title 28 U.S.C. § 1915(g) 21 reads as follows: 22 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 23 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 24 frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious 25 physical injury. 26 ///// 27 ///// 28 ///// 1 A review of court records from this court reveals that, while incarcerated and before this 2 || action was filed, petitioner had at least 3 actions dismissed for failure to state a claim: 3 1. Khademi v. Vanderwende, 2:18-cv-2798 TLN AC. 4 2. Khademi v. Vanderwende, No. 19-17051 (9th Cir.).! 5 3. Khademi v. Los Rios Community District College, 2:23-cv-0260 TLN AC.” 6 In his complaint, plaintiff seeks damages and not relief from imminent danger of serious 7 || physical imjury. 8 In light of the foregoing, plaintiff's request for leave to proceed in forma pauperis should 9 || denied. 10 Accordingly, IT IS HEREBY RECOMMENDED that: 11 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 7) be denied. 12 2. Plaintiff be granted fourteen days within which to pay the $402 filing fee for this 13 || action. 14 These findings and recommendations are submitted to the United States District Judge 15 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 16 || after being served with these findings and recommendations, plaintiff may file written objections 17 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 18 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 19 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 20 | Cir. 1991). 21 | Dated: October 30, 2023 / □□ I / dle ae 22 CAROLYNK. DELANEY 23 | | UNITED STATES MAGISTRATE JUDGE khad1735.3ks 25 %6 ' This case is the appeal of the dismissal order in the prior case. 27 || * This case was dismissed at the screening stage for being time-barred which amounts to a dismissal for failure to state a claim. Belanus v. Clark, 796 F.3d 1021, 1024, 1030 (9th Cir. 28 | 2015).