Martinez
(PC) Brookins v. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BARRY LEE BROOKINS, No. 1:24-cv-01158-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE
v. TO THIS ACTION L. MARTINEZ, et al., FINDINGS AND RECOMMENDATION
RECOMMENDING PLAINTIFF PAY THE
Defendants. $405.00 FILING FEE FOR THIS ACTION 16 17 Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant action on September 27, 2024. Plaintiff has not paid the $405.00 filing fee or submitted an application to proceed in forma pauperis. Nonetheless, a review of this Court’s case filing system reveals that Plaintiff has suffered three or more strikes under 28 U.S.C. § 1915(g) and is not authorized to proceed in forma pauperis unless he was under imminent danger of serious physical harm at the time the action was filed. ///
1 The “mailbox rule” announced by the Supreme Court in Houston v. Lack, 487 U.S. 266…