(PC) Mcelroy v. Guzman

Opinion

E.J. MCELROY, a.k.a. EIBON MCELROY, Case No. 1:25-cv-0748 JLT GSA (PC) a.k.a. LATWAHN MCELROY, a.k.a. LATHWAHN MCELROY, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Plaintiff, PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING v. PLAINTIFF TO PAY THE FILING FEE WITHIN 21 DAYS SGT. GUZMAN, et al., (Docs. 2, 9) Defendants. Plaintiff asserts that he suffered violations of his civil rights while housed at Kern Valley State Prison and seeks to proceed in forma pauperis in this action. (Docs. 1, 2.) The magistrate judge reviewed Plaintiff’s litigation history and found Plaintiff had three actions dismissed for reasons that qualified as strikes under 28 U.S.C. § 1915(g). (Doc. 9 at 4-5.) The magistrate judge found Plaintiff does not allege facts supporting the conclusion that Plaintiff was imminent danger of serious physical injury when he filed the action. (Id. at 5.) Therefore, the magistrate judge recommended the Court deny the motion to proceed in forma pauperis and direct Plaintiff to pay the filing fee. (Id. at 6.) The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were due within 14 days. (Doc. 9 at 6.) The Court advised Plaintiff that “failure to file objections within the specified time may result in the waiver of certain rights on appeal.” Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Although the Court granted Plaintiff a 15-day extension of time on July 15, 2025 (Doc. 11), he did not file any objections, and the time do so expired. According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of the case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on July 15, 2025 (Doc. 9) are g ADOPTED in full. 2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED. 3. Within 21 days following the date of service of this order, Plaintiff SHALL pay ll the $405.00 filing fee in full to proceed with this action. Failure to pay the required filing fee as ordered will result in the dismissal of this action without prejudice. IP IS SO ORDERED. Dated: _ August 12, 2025 Charis [Tourn TED STATES DISTRICT JUDGE