Vieth
(PC) Moten v. Vieth
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SHARROD MOTEN, Case No.: 1:24-cv-00068-KES-CDB (PC) Plaintiff, ORDER DISMISSING ACTION
WITHOUT PREJUDICE FOR FAILURE TO
v. PAY THE FILING FEE VIETH, et al., Doc. 12 Defendants. 16 Plaintiff Sharrod Moten is state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On January 22, 2024, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s application to proceed in forma pauperis be denied and requiring plaintiff to pay the filing fee in full. Doc. 7. The magistrate judge found that plaintiff was subject to the three-strikes bar of 28 U.S.C. § 1915(g) and that plaintiff failed to show he was in imminent danger of physical injury sufficient to warrant an exception under § 1915. Id. On March 31, 2025, the Court adopted the findings and recommendations, denied plaintiff’s motion to proceed in forma pauperis, and ordered…