Opinion

(PC) Brown v. Newsom

Court
District Court, E.D. California
Filed
Mar 19, 2020
Cited by
0 cases
Authority
More cited than 17.4%

The opinion

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7 UNITED STATES DISTRICT COURT

8 FOR THE EASTERN DISTRICT OF CALIFORNIA

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10 DEXTER BROWN, No. 2:19-cv-2217-TLN-EFB P

11 Plaintiff,

12 v. FINDINGS AND RECOMMENDATIONS

13 GAVIN NEWSOM, et al.,

14 Defendants.

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16 Plaintiff, a state prisoner proceeding without counsel in an action brought under 42 U.S.C.

17 § 1983, seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). For the reasons

18 stated below, the court finds that plaintiff has not demonstrated he is eligible to proceed in forma

19 pauperis.

20 A prisoner may not proceed in forma pauperis:

21 if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in

any facility, brought an action or appeal in a court of the United States that was

22 dismissed on the grounds that it is frivolous, malicious, or fails to state a claim

upon which relief may be granted, unless the prisoner is under imminent danger of

23 serious physical injury.

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25 28 U.S.C. § 1915(g). Court records (and plaintiff’s own complaint, ECF No. 1 at 2) show that

26 plaintiff has been designated a three-strikes litigant for purposes of § 1915(g).1 Further,

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1 See Brown v. Sagireddy, No. 2:17-cv-2041-KJM-AC (E.D. Cal. May 2, 2018), ECF No.

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1 | plaintiff’s complaint fails to allege facts that adequately demonstrate he is under imminent danger

2 || of serious physical injury.” Plaintiff’s application for leave to proceed in forma pauperis must

3 | therefore be denied pursuant to § 1915(g). Plaintiff must submit the appropriate filing fee in

4 || order to proceed with this action.

5 Accordingly, IT IS RECOMMENDED that:

6 1. Plaintiff’s application to proceed in forma pauperis (ECF Nos. 2, 7, 9) be denied; and

7 2. Plaintiff be ordered to pay the $400 filing fee within fourteen days from the date of any

8 || order adopting these findings and recommendations and be admonished that failure to do so will

9 | result in the dismissal of this action.

10 These findings and recommendations are submitted to the United States District Judge

11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days

12 | after being served with these findings and recommendations, any party may file written

13 || objections with the court and serve a copy on all parties. Such a document should be captioned

14 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

15 || within the specified time may waive the right to appeal the District Court’s order. Turner v.

16 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

17 || Dated: March 19, 2020.

18 tid, PDEA

19 EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE

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*6 ? Plaintiff’s complaint alleges (1) that the Governor is not referring violent crimes inside

27 || prisons for prosecution, and (2) that plaintiff was physically assaulted by another inmate on

38 september 18, 2019, but plaintiff then refused an offer to be moved to safety. ECF No. 1 at 2, 6,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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