1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DAVID LETTIERI, Case No.: 24-CV-1176-JO-DDL

12 Plaintiff,

ORDER DENYING MOTION TO

13 v. PROCEED IN FORMA PAUPERIS

AND DISMISSING CIVIL ACTION

14 MARUCHAN, INC,

FOR FAILURE TO PAY FILING

15 Defendant. FEES REQUIRED BY 28 U.S.C. § 1914(a) 16 17 18 Plaintiff David Lettieri is a prisoner at Niagara County Jail in Lockport, New York. 19 Dkt. 1. Proceeding pro se, he filed a complaint alleging a packet of instant noodles he 20 purchased while in county jail was mislabeled with incorrect nutritional information. Id. 21 Plaintiff also filed a motion to proceed in forma pauperis (“IFP”), Dkt. 2, which the 22 Court denies for the following reasons. A prisoner with three or more “strikes,” i.e., prior 23 civil cases or appeals dismissed as frivolous, malicious, or for failing to state a claim, 24 cannot proceed IFP absent allegations that he faces “imminent danger of serious physical 25 injury” at the time of filing. Andrews v. King, 398 F.3d 1113, 1116 n.1 (9th Cir. 2005) 26 (quoting 28 U.S.C. § 1915(g)); see also Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th 27 Cir. 2007). Plaintiff Lettieri is one of these serial filers, Lettieri v. Facebook, No. 24-CV- 28 00873-HSG, 2024 WL 3907038, at *3 (N.D. Cal. Aug. 19, 2024) (collecting cases detailing | || Lettieri’s three prior strikes disqualifying him from proceeding IFP and noting he had filed 2 || at least 128 civil actions in federal court since 2022), and his Complaint centers around an 3 instant ramen package with incorrect nutritional information. See Compl. at 4, 6. Because 4 allegations do not show he faces an imminent danger of serious physical harm, he may 5 proceed IFP. See Cervantes, 493 F.3d at 1053; see also Ray v. Lara, 31 F.4th 692, 701 6 || (9th Cir. 2022). 7 Accordingly, the Court DENIES Plaintiff's motion to proceed IFP [Dkt. 2] and 8 || DISMISSES this civil action without prejudice for failure to pay the $405 civil filing and 9 ||administrative fee required by 28 U.S.C. § 1914(a). The Court also certifies that an IFP 10 ||appeal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). The Court 11 || further directs the Clerk of the Court to CLOSE the case. 12 Plaintiff must pay the $405 initial filing fee by February 26, 2025 if he wishes to 13 reopen his case. 14 IT IS SO ORDERED. Qe 15 || Dated: January 30, 2025 16 Honorable Jinsook Ohta 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28