(PC) Ford v. Williams

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCEL D. FORD, Case No. 1:24-cv-00532 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S APPLICATIONS TO PROCEED IN FORMA PAUPERIS, AND 14 SLYVESTER WILLIAMS, DIRECTING PLAINTIFF TO PAY THE FILING FEE WITHIN 30 DAYS 15 Defendant. (Docs. 7, 12) 16 17 Marcel D. Ford, who is confined at Mule Creek State Prison, seeks to proceed in forma 18 pauperis in this action, in which he alleges the defendant—an inmate at Kern Valley State Prison 19 —violated his civil rights. (Docs. 1, 2.) Reviewing Plaintiff’s litigation history, the magistrate 20 judge identified four actions that qualified as strikes under 28 U.S.C. § 1915(g). (Doc. 12 at 3.) 21 In addition, the magistrate judge found Plaintiff did “not allege any specific facts demonstrating 22 ongoing serious physical injury or facts evidencing the likelihood of imminent serious physical 23 injury.” (Id. at 5.) Therefore, the magistrate judge found the imminent danger exception to 24 Section 1915 does not apply and recommended that the Court deny the motion to proceed in 25 forma pauperis. (Id. at 6.) 26 The Court served the Findings and Recommendations on Plaintiff and notified him that 27 any objections were due within 30 days. (Doc. 12 at 6.) The Court advised Plaintiff the “failure 28 to file objections within the specified time may result in the waiver of rights on appeal.” (Id., 1 | citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file any 2 | objections and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 || are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations filed on January 21, 2025 (Doc. 12) are 7 ADOPTED in full. 8 2. Plaintiff's motion to proceed in forma paupers (Doc. 7) is DENIED. 9 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 10 the $405.00 filing fee if he wishes to proceed with his action. 11 Plaintiff is advised that failure to pay the required filing fee as ordered will result in 12 the dismissal of this action without prejudice. 13 4 IT IS SO ORDERED. 5 Dated: _ February 27, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28