(PC) Brookins v. Martinez

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY LEE BROOKINS, No. 1:24-cv-01158-JLT-SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DIRECTING 13 v. PLAINTIFF TO PAY FILING FEE WITHIN 21 DAYS 14 L. MARTINEZ, et al., (Doc. 5) 15 Defendants.

16 17 The assigned magistrate judge issued Findings and Recommendations recommending that 18 Plaintiff’s application to proceed in forma pauperis be denied as Plaintiff has suffered three or 19 more strikes under 28 U.S.C. § 1915(g). (Doc. 5.) The Court served the Findings and 20 Recommendations upon the parties and notified them that any objections must be filed within 14 21 days of the date of service. (Doc. 5 at 3.) The Court also informed Plaintiff the “failure to file 22 objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 23 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff filed objections on October 24 24, 2024, but they do not meaningfully contest that he suffered three or more strikes and that his 25 complaint fails to allege imminent danger. (Doc. 6.) 26 According to the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo 27 review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, the 28 Court finds the findings and recommendations to be supported by the record and proper analysis. 1 | Accordingly, the Court ORDERS: 2 1. The Findings and Recommendations issued on October 2, 2024 (Doc. 5), are 3 ADOPTED IN FULL. 4 2. Within 21 days following the date of service of this order, Plaintiff shall pay the 5 $405.00 filing fee in full to proceed with this action. 6 If Plaintiff fails to pay the filing fee within the specified time, this action will be dismissed 7 | without prejudice. 8 9 IT IS SO ORDERED. 10 Dated: _ October 27, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28