(PC) McElroy v. Griggs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

8 9 LATHWAHN MCELROY, Case No. 1:25-cv-00759 EPG (PC) 10 Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE 11 v. FINDINGS AND RECOMMENDATIONS, 12

RECOMMENDING THAT PLAINTIFF’S IN

GRIGGS, et al., FORMA PAUPERIS APPLICATION BE 13

DENIED AND THAT PLAINTIFF BE

Defendants. REQUIRED TO PAY THE FILING FEE IN 14

FULL IF HE WANTS TO PROCEED WITH

THIS ACTION

15 (ECF No. 2) 16

OBJECTIONS, IF ANY, DUE WITHIN

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THIRTY DAYS

18 19 Plaintiff Lathwahn McElroy1 is a state prisoner proceeding pro se in this action filed on 20 June 23, 2025. (ECF No. 1). Plaintiff moves to proceed in forma pauperis in this action. (ECF 21 Nos. 2, 6). 22 Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this 23 action, and because he was not in imminent danger of serious physical injury at the time he filed 24 it, the Court will recommend that Plaintiff be required to pay the $405 filing fee in full if he wants 25 to proceed with the action. 26 1 Plaintiff’s prisoner ID number is P-71922. While he uses the…