(PC)Kelly
James Carl Kelly v. Newsome, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
8 9 JAMES CARL KELLY, Case No. 1:25-cv-01916-EPG (PC) 10 Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE 11 v. FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S IN
NEWSOME, et al., FORMA PAUPERIS APPLICATION BE
DENIED AND THAT PLAINTIFF BE
Defendants. REQUIRED TO PAY THE FILING FEE IN
FULL IF HE WANTS TO PROCEED WITH
THIS ACTION
15 (ECF Nos. 2, 6)
OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS
18 Plaintiff James Carl Kelly is a state prisoner proceeding pro se in this action filed on December 18, 2025. (ECF No. 1). Plaintiff moves to proceed in forma pauperis in this action. (ECF Nos. 2, 6). Because the Court concludes that Plaintiff had at least three “strikes” prior to filing this action, and because he was not in imminent danger of serious physical injury at the time he filed it, the Court will recommend that Plaintiff be required to pay the $405 filing fee in full if he wants to proceed with the action. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g) Pertinent…