(PC) Harper v. Williams ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL HARPER, No. 2:24-cv-1156 CKD P 12 Plaintiff, 13 v. ORDER AND 14 CLAYBORNE WILLIAMS, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding 18 was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 19 Plaintiff has requested 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 On September 28, 2021, in Harper v. CDCR, 2:21-cv-0130 KJM JDP, it was determined 26 that plaintiff has “struck out” under 28 U.S.C. § 1915(g). Judgement was entered in that case on 27 November 12, 2021, and plaintiff did not appeal. 28 ///// ] There is no allegation by plaintiff in his complaint that he is under imminent danger of 2 || serious physical injury. 3 In light of the foregoing, the court will recommend that plaintiff's request for leave to 4 || proceed in forma pauperis be denied and that plaintiff be given 14 days within which to pay the 5 || $405 filing fee for this action. 6 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 7 || court judge to this case. 8 IT IS HEREBY RECOMMENDED that: 9 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2) be denied. 10 2. Plaintiff be granted fourteen days within which to pay the $405 filing fee for this 11 | action. 12 These findings and recommendations are submitted to the United States District Judge 13 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 14 | after being served with these findings and recommendations, plaintiff may file written objections 15 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 16 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 17 || time waives the night to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 18 | Cir. 1991). 19 | Dated: May 23, 2024 □□ / del a 20 CAROLYNK. DELANEY 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 || harp1156.3k 25 26 27 28