(PC) Brookins v. Martinez

Opinion

BARRY LEE BROOKINS, No. 1:24-cv-01158-JLT-SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DIRECTING v. PLAINTIFF TO PAY FILING FEE WITHIN L. MARTINEZ, et al., (Doc. 5) Defendants.

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