Patu v. Blair ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 SOLOMONA RICKY PATU, Case No. C22-764 TL-TLF 7 Plaintiff, v. ORDER DENYING PLAINTIFF’S 8 MOTION AND APPLICATION TO BRANDI BLAIR, PROCEED IN FORMA PAUPERIS 9 Defendant. 10 11 The Court, having reviewed the Report and Recommendation of Judge Theresa 12 L. Fricke, United States Magistrate Judge, and the remaining record, does hereby find 13 and ORDER: 14 (1) the Court adopts the Report and Recommendation; 15 (2) plaintiff’s motion to proceed in forma pauperis is denied; 16 (3) the Court’s denial of plaintiff’s motion to proceed in forma pauperis does 17 not constitute a separate strike, because the Court did not make a ruling on 18 whether any claim in the complaint was frivolous, malicious, or failed to state a claim. See, El-Shaddai v. Zamora, 833 F.3d 1036, 1043 (9th Cir. 19 2016) (“Because the grounds for dismissal . . . were that [plaintiff] had 20 incurred too many strikes, and not because the cases were themselves 21 frivolous, malicious, or failed to state a claim, they do not count as separate 22 strikes against [plaintiff]”). 23 24 1 (4) If plaintiff wishes to pursue this case, he must pay the Court filing fee within 2 21 days of this Order; failure to pay the filing fee will result in the case 3 being closed; and 4 (5) if plaintiff appeals, plaintiff will not continue in forma pauperis on appeal. 5 Dated this 1st day of September 2022. 6 7 A 8 Tana Lin United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24