Harris
Harris v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
8 9 DEVON DANTE HARRIS, JR., Case No. 1:24-cv-01426-EPG 10 Plaintiff, FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
v. MOTION FOR IFP STATUS BE DENIED 12 UNITED STATES OF AMERICA, (ECF No. 5) 13 Defendant. OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS
15 16 Plaintiff Devon Dante Harris, Jr., is incarcerated at Lerdo Max-Med Facility and is proceeding pro se in this action filed on November 21, 2024. (ECF No. 1). On November 22, 2024, the Court ordered Plaintiff to either submit the application to proceed in forma pauperis or pay the filing fee. (ECF No. 3). On January 2, 2025, Plaintiff filed an application to proceed in forma pauperis (IFP) in this action (ECF No. 5). Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this action and because he was not in imminent danger of serious physical injury at the time he filed it, the Court will recommend that Plaintiff’s motion be denied and Plaintiff be required to pay the 24 $405 filing fee in full if he…