Ayala

(PC) Harper v. Ayala

Good Law
United States District Court, Eastern District of CaliforniaJanuary 14, 20251:24-cv-01551California471 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, Case No. 1:24-cv-1551 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PLAINTIFF’S APPLICATIONS TO

PROCEED IN FORMA PAUPERIS, AND

M. AYALA, et al., DIRECTING PLAINTIFF TO PAY THE

FILING FEE

Defendants. (Docs. 2, 7) 16 Daniel Harper seeks to proceed in forma pauperis in this action, in which he alleges the defendants violated his civil rights while housed at Corcoran State Prison. (Docs. 1, 2.) Plaintiff requests to proceed in forma pauperis in this action. The magistrate judge identified four actions that were dismissed for failure to state a claim and “qualify as a strike under Ninth Circuit law for purposes for § 1915(g).” (Doc. 7 at 5.) In addition, the magistrate judge found “there are no facts whatsoever that plausibly indicate Plaintiff was in imminent danger of serious physical injury at the time he filed the instant action, because Plaintiff alleges…

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