Demos v. Stephens

Opinion

WESTERN DISTRICT OF WASHINGTON JOHN ROBERT DEMOS JR, Case No. 3:22-cv-05428-JLR-TLF Plaintiff, V. ORDER DENYING PLAINTIFF’S MOTION AND APPLICATION TO DEBRA L STEPHENS, PROCEED IN FORMA PAUPERIS Defendant. The Court, having reviewed the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, and the remaining record, does hereby find ORDER: (1) the Court adopts the Report and Recommendation; (2) plaintiff's motion to proceed in forma pauperis is denied; (3) the Court’s denial of plaintiff's motion to proceed in forma pauperis does not constitute a separate strike, because the Court did not make a ruling on whether any claim in the complaint was frivolous, malicious, or failed to 49 state a claim. See, El-Shaddai v. Zamora, 833 F.3d 1036, 1043 (9th Cir.

50 2016) (“Because the grounds for dismissal . . . were that [plaintiff] had incurred too many strikes, and not because the cases were themselves frivolous, malicious, or failed to state a claim, they do not count as separate strikes against [plaintiff]”). ORDER DENYING PLAINTIFF'S MOTION AND APPLICATION TO PROCEED IN FORMA PAUPERIS - 4

' (4) If plaintiff wishes to pursue this case, he must pay the Court filing fee within 21 days of this Order; failure to pay the filing fee will result in the case being closed; and (5) _ if plaintiff appeals, plaintiff will not continue in forma pauperis on appeal. Dated this 2 day of Ge ok. 2.622-

\ James L| Robart United States District Judge

ORDER DENYING PLAINTIFF'S MOTION AND APPLICATION TO PROCEED IN FORMA PAUPERIS -