(PC) Ford v. Williams

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

8 9 MARCEL D. FORD, Case No. 1:24-cv-00532 JLT EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11

RECOMMENDING THAT PLAINTIFF’S IFP

v. APPLICATION BE DENIED AND THAT 12

PLAINTIFF BE REQUIRED TO PAY THE

SLYVESTER WILLIAMS, FILING FEE IN FULL IF HE WANTS TO

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PROCEED WITH THIS ACTION

Defendant. 14 (ECF No. 7)

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OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

16 17 Plaintiff Marcel D. Ford is a state prisoner proceeding pro se in this action filed on May 6, 18 2024. (ECF No. 1). On July 19, 2024, Plaintiff also filed an application to proceed in forma 19 pauperis in this action. (ECF No. 7). 20 Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this 21 action and because he was not in imminent danger of serious physical injury at the time he filed 22 it, the Court will recommend that Plaintiff be required to pay the $405 filing fee in full if he wants 23 to proceed with the action. 24 I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g) Pertinent here is the so called “three…