Polley

(PC) Schowachert v. Polley

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20251:25-cv-00121California443 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN PAUL FRANK SCHOWACHERT, Case No. 1:25-cv-0121 JLT BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PLAINTIFF’S APPLICATION TO PROCEED

IN FORMA PAUPERIS, AND DIRECTING

BILL POLLEY, PLAINTIFF TO PAY THE FILING FEE

WITHIN 30 DAYS

Defendant. (Docs. 2, 7) 16 John Paul Frank Schowachert seeks to proceed in forma pauperis in this action, in which he alleges the defendant—the Tuolumne County Jail Commander—violated his civil rights at the jail. (Docs. 1, 2.) Reviewing Plaintiff’s litigation history, the magistrate judge identified six actions that qualified as strikes under 28 U.S.C. § 1915(g). (Doc. 7 at 1-2, n.1.) In addition, the magistrate judge found Plaintiff “failed to allege that he was in any imminent danger of serious physical injury at the time the complaint was filed.” (Id. at 2.) Therefore, the magistrate judge found the imminent danger exception to Section 1915 does not…

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