Pfeiffer

James Davenport v. C. Pfeiffer, et al.

Good Law
United States District Court, Eastern District of CaliforniaNovember 10, 20251:25-cv-00997California369 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES DAVENPORT, Case No.: 1:25-cv-00997-JLT-SKO Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY

v. APPLICATION TO PROCEED IN FORMA

PAUPERIS

C. PFEIFFER, et al., (Docs. 2 & 9) Defendants.

Plaintiff James Davenport seeks to hold defendants liable for violations of his civil rights. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge recommended plaintiff’s application to proceed in forma pauperis be denied because plaintiff has accrued three or more strikes and does not qualify for the imminent danger exception pursuant to 28 U.S.C. § 1915. (Doc. 8.) The magistrate judge advised that the “[f]ailure to file objections within the specified time may result in waiver of rights on appeal.” (Id. at 4-5, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)). Plaintiff did not file objections.1

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