Thomas Joseph Melger v. Sacramento Police Department, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 1, 20252:25-cv-02566California743 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 THOMAS JOSEPH MELGER, No. 2:25-cv-02566 SCR P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

SACRAMENTO POLICE DEPARTMENT, et al., 16 Defendants. 17 18 Plaintiff is incarcerated in state prison and proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff has not paid the filing fee for this action or sought leave to proceed in forma pauperis (“IFP”). In an order dated October 6, 2025, the undersigned explained that although plaintiff did not request to proceed IFP, as a three-strikes litigant he was “precluded from proceeding without payment of the filing fee unless he is ‘under imminent danger of serious physical injury.’” ECF No. 5 at 1 (citing 28 U.S.C. § 1915(g)). Because the complaint’s allegations that prison officials entered plaintiff’s person via electromagnetic forces were fantastical on their face, the undersigned concluded plaintiff had not put forth a plausible showing of imminent harm and ordered…

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