(PC) Harper v. Ayala

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL HARPER, Case No. 1:24-cv-1551 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S APPLICATIONS TO PROCEED IN FORMA PAUPERIS, AND 14 M. AYALA, et al., DIRECTING PLAINTIFF TO PAY THE FILING FEE 15 Defendants. (Docs. 2, 7) 16 17 Daniel Harper seeks to proceed in forma pauperis in this action, in which he alleges the 18 defendants violated his civil rights while housed at Corcoran State Prison. (Docs. 1, 2.) Plaintiff 19 requests to proceed in forma pauperis in this action. The magistrate judge identified four actions 20 that were dismissed for failure to state a claim and “qualify as a strike under Ninth Circuit law for 21 purposes for § 1915(g).” (Doc. 7 at 5.) In addition, the magistrate judge found “there are no facts 22 whatsoever that plausibly indicate Plaintiff was in imminent danger of serious physical injury at 23 the time he filed the instant action, because Plaintiff alleges only that he “was improperly charged 24 with a RVR stemming from the incident concerning his knee brace.” (Id.) Therefore, the 25 magistrate judge found the imminent danger exception to Section 1915 does not apply and 26 recommended the motion to proceed in forma pauperis be denied. (Id.) 27 The Court served the Findings and Recommendations on Plaintiff and notified him that 28 any objections were due within 14 days. (Doc. 7 at 6.) The Court advised Plaintiff that the 1 | “failure to file any objections within the specified time may result in the waiver of certain rights 2 | on appeal.” (/d., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff 3 | did not file any objections and the time to do so has passed. 4 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 5 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 6 || are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The Findings and Recommendations filed on December 20, 2024 (Doc. 7) is 8 ADOPTED in full. 9 2. Plaintiff's pending motion to proceed in forma paupers (Doc. 2) is DENIED. 10 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 11 the $405.00 filing fee if he wishes to proceed with his action. 12 Plaintiff is advised that failure to pay the required filing fee as ordered will result in 13 the dismissal of this action without prejudice. 14 15 IT IS SO ORDERED. 6 Dated: _ January 14, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28