(PC) Smith v. Fresno County Jail

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEREK M. SMITH, Case No. 1:24-cv-00672 JLT EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, REVOKING

v. PLAINTIFF’S IN FORMA PAUPERIS

STATUS, AND DIRECTING PLAINTIFF

FRESNO COUNTY JAIL, TO PAY THE FILING FEE IN FULL WITHIN 30 DAYS Defendant. (Docs. 7, 8, 10) 16 Previously, the Court granted Derek Smith’s request to proceed in forma pauperis in this action. However, upon review of Plaintiff’s litigation history, the assigned magistrate judge found Plaintiff is subject to the three strikes bar of 28 U.S.C. § 1915(g), based upon four actions that were dismissed prior to the filing of this matter. (Doc. 10 at 3.) The magistrate judge also found that Plaintiff’s allegations “are insufficient to show that there is a real and imminent threat to Plaintiff’s personal safety.” (Id. at 5.) Thus, the magistrate judge found the imminent danger exception to Section 1915 does not apply. (Id.) The…