Newsom

(PC) Kelly v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaFebruary 18, 20251:25-cv-00154California1,791 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 9 JAMES CARL KELLY, Case No. 1:25-cv-00154-JLT-EPG (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS,

v. RECOMMENDING THAT PLAINTIFF BE

REQUIRED TO PAY THE FILING FEE IN

GAVIN NEWSOM, et al., FULL IF HE WANTS TO PROCEED WITH

THIS ACTION

Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

15 16 Plaintiff, an inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. This case was transferred from the Northern District of California, where Plaintiff filed a declaration in support of the application to proceed in forma pauperis (ECF No. 3), but not the application itself. It appears, however, that ordering Plaintiff to file the application would be futile, because Plaintiff is a “three-striker” within the meaning of Title 28 U.S.C. § 1915(g). See Kelly v. Jones, et al., 2:24-cv-2462-KJM-JDP (E.D. Cal. Dec. 3, 2024) (recognizing plaintiff as a “three-striker” within in the meaning of 28 U.S.C. § 1915(g)); Kelly v. Sao, No. 1:19-cv-00681- LJO-BAM (E.D. Cal. May 19, 2019) (same);…

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