(PC)Franks
(PC)Franks v. Luna
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
8 9 TOM FRANKS, Case No. 1:25-cv-00414-JLT-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
v. MOTION FOR IFP STATUS BE DENIED
G. LUNA, et al., (ECF No. 6)
13 Defendants. OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS
15 Plaintiff Tom Franks is incarcerated at California State Substance Abuse Treatment Facility, Corcoran, and is proceeding pro se in this action filed on April 10, 2024. (ECF No. 1). On April 21, 2025, Plaintiff filed an application to proceed in forma pauperis (IFP) in this action (ECF No. 6). Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this 20 action and because he was not in imminent danger of serious physical injury at the time he filed 21 it, the Court will recommend that Plaintiff’s motion be denied. If the findings and 22 recommendations are adopted, Plaintiff will be required to pay the $405 filing fee in full if he 23 wants to proceed with the action.
I. IFP REQUEST
25 “IFP status is not a…