Harper v. Campbell

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in Daniel Harper’s civil-rights action concerning conditions at Corcoran State Prison. The court denied Harper’s applications to proceed in forma pauperis, denied his motion concerning imminent danger, and ordered him to pay the $405 filing fee within 30 days or face dismissal without prejudice.

Holdings

1. Plaintiff did not qualify for the imminent-danger exception because his allegations did not show a real and imminent threat to his personal safety, and he had accumulated four qualifying strikes.
2. The district court adopted the magistrate judge's findings and recommendations in full after conducting de novo review under 28 U.S.C. § 636(b)(1).
3. Plaintiff's applications to proceed in forma pauperis were denied, and he was ordered to pay the $405 filing fee within 30 days.

Questions Presented

1. Whether plaintiff qualified for the imminent-danger exception to the three-strikes limitation on proceeding in forma pauperis under 28 U.S.C. § 1915(g).
2. Whether the magistrate judge's findings and recommendations should be adopted after de novo review under 28 U.S.C. § 636(b)(1).
3. Whether plaintiff's second application to proceed in forma pauperis and motion to show imminent danger should be denied.

Disposition

other