(PC) Smith v. Fresno County Jail

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

8 9 DEREK M. SMITH, Case No. 1:24-cv-00672 JLT EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11

RECOMMENDING THAT PLAINTIFF’S IFP

v. STATUS BE REVOKED AND THAT 12

PLAINTIFF BE REQUIRED TO PAY THE

FRESNO COUNTY JAIL, FILING FEE IN FULL IF HE WANTS TO

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PROCEED WITH THIS ACTION

Defendant. 14 (ECF Nos. 7, 8)

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OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

16 17 Plaintiff Derek M. Smith is incarcerated at Fresno County Jail and is proceeding pro se in 18 this action filed on June 10, 2024. (ECF No. 1). On June 21, 2024, Plaintiff also filed an 19 application to proceed in forma pauperis (IFP) in this action (ECF No. 7), which the Court 20 granted on June 24, 2024 (ECF No. 8). 21 Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this 22 action and because he was not in imminent danger of serious physical injury at the time he filed 23 it, the Court finds that Plaintiff’s motion to proceed in forma pauperis was improvidently granted, 24 and will recommend that Plaintiff’s…