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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, Case No. 1:25-cv-00154 JLT EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DIRECTING

v. PLAINTIFF TO PAY THE FILING FEE

WITHIN 30 DAYS

GAVIN NEWSOM, et al., (Doc. 13) Defendants. 16 James Kelly, confined at Kern Valley State Prison, filed this action in which he alleges that as he moves around different prisons, doctors take away his medical equipment—wheelchair, walker, cane—thus violating his civil rights. (Doc. 1.) Plaintiff failed to either pay the filing fee or file a motion to proceed in forma pauperis. In reviewing Plaintiff’s litigation history, the magistrate judge identified four actions that qualified as strikes under 28 U.S.C. § 1915(g). (Doc. 13 at 2–3.) In addition, the magistrate judge found “Plaintiff has failed to demonstrate that he was in imminent danger of physical injury when he filed the complaint,” noting Plaintiff reported his cane was returned prior to the…