George

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 9 EIBON MCELROY, Case No. 1:24-cv-00982 EPG (PC) 10 Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE 11 v. FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S IFP

GEORGE, et al., APPLICATION BE DENIED AND THAT

PLAINTIFF BE REQUIRED TO PAY THE

Defendants. FILING FEE IN FULL IF HE WANTS TO

PROCEED WITH THIS ACTION

15 (ECF No. 6)

OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

17 Plaintiff Eibon McElroy1 is a state prisoner proceeding pro se in this action filed on August 21, 2024. (ECF No. 1). On November 15, 2024, Plaintiff also filed an application to proceed in forma pauperis in this action. (ECF No. 6). Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this action and because he was not in imminent danger of serious physical injury at the time he filed it, the Court will recommend that Plaintiff be required to pay the $405 filing fee in full if he wants to proceed with the action. I. THREE-STRIKES PROVISION OF 28 U.S.C. §…