Summary
The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning E.J. McElroy’s motion to proceed in forma pauperis. Because Plaintiff had accrued three qualifying strikes under 28 U.S.C. § 1915(g) and did not show imminent danger of serious physical injury, the Court denied pauper status and ordered him to pay the $405 filing fee within 21 days.
Topics
Practice areas
Questions Presented
- Whether Plaintiff qualified to proceed in forma pauperis despite three qualifying strikes under 28 U.S.C. § 1915(g).
- Whether Plaintiff alleged facts sufficient to invoke the imminent-danger exception to the three-strikes rule.
- Whether the magistrate judge's findings and recommendations should be adopted after Plaintiff filed no objections.
Holdings
- Plaintiff was not entitled to proceed in forma pauperis because he had three prior actions qualifying as strikes under 28 U.S.C. § 1915(g).
- Plaintiff did not allege facts supporting a finding that he was in imminent danger of serious physical injury when he filed the action.
- The court adopted the findings and recommendations in full after conducting de novo review under 28 U.S.C. § 636(b)(1).
Key quotations
“failure to file objections within the specified time may result in the waiver of certain rights on appeal.” (at 2)
Factual background
Plaintiff alleged that his civil rights were violated while he was housed at Kern Valley State Prison. He sought to proceed without prepaying the filing fee. The magistrate judge determined that Plaintiff had three prior actions dismissed for reasons qualifying as strikes under 28 U.S.C. § 1915(g), and that Plaintiff did not allege facts showing imminent danger of serious physical injury when he filed this action.
Procedural history
Plaintiff filed a civil-rights action arising from his confinement at Kern Valley State Prison and moved to proceed in forma pauperis. The magistrate judge recommended denying in forma pauperis status and requiring payment of the filing fee. After the objection period expired without objections, the district court conducted de novo review, adopted the findings and recommendations in full, denied the motion, and ordered Plaintiff to pay the $405 filing fee within 21 days, subject to dismissal without prejudice for nonpayment.