Summary
This United States District Court order adopts a magistrate judge's findings and recommendations to deny the plaintiff's motion to proceed in forma pauperis. Relying on 28 U.S.C. § 1915(g), the court finds that the pro se prisoner-plaintiff has accumulated three prior dismissals and fails to demonstrate an imminent danger exception. Consequently, the court orders the plaintiff to pay the full $405.00 filing fee within thirty days to proceed with his civil rights action.
Topics
Practice areas
Questions Presented
- Whether plaintiff qualifies for in forma pauperis status under 28 U.S.C. § 1915(g) based on the imminent danger exception.
Holdings
- Plaintiff is not eligible for in forma pauperis status because he did not demonstrate that he faced imminent danger at the time he filed his complaint.
Key quotations
“Thus, plaintiff may not proceed in forma pauperis and is required to pay the filing fee in full before proceeding any further with this action.” (at 13-14)
“The findings and recommendations correctly note, the relevant inquiry is whether plaintiff faced imminent danger at the time that he filed his complaint.” (at 12)
Factual background
Marcus Brent Fields, an incarcerated plaintiff, alleged that prison officials removed his CPAP machine after a sleep study showed he did not have obstructive sleep apnea. He sought in forma pauperis status, claiming imminent danger, but had accumulated three prior "strikes" and failed to demonstrate the imminent danger exception of 28 U.S.C. § 1915(g).
Procedural history
Plaintiff filed a pro se civil‑rights action in the Central District of California, was transferred to the Eastern District, a magistrate judge issued findings recommending denial of in forma pauperis status based on three prior strikes and lack of imminent danger, plaintiff objected, and the district court conducted a de novo review and adopted the findings.