Gates
(PC) Mcelroy v. Gates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
EJ MCELROY, Case No. 1:21-cv-00053-EPG (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF
v. BE REQUIRED TO PAY THE $402.
FILING FEE IN FULL
S. GATES, et al.,
OBJECTIONS, IF ANY, DUE WITHIN
Defendants. FOURTEEN (14) DAYS
ORDER DIRECTING CLERK TO
ASSIGN DISTRICT JUDGE
15 I. BACKGROUND EJ McElroy (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action. Plaintiff filed the complaint commencing this action on January 14, 2021. (ECF No. 1). Plaintiff did not pay the filing fee or file an application to proceed in forma pauperis. As the Court finds that Plaintiff had at least three “strikes” prior to filing the action and that Plaintiff was not in imminent danger of serious physical injury at the time he filed the action, the Court will recommend that Plaintiff be required to pay the $402 filing fee in full if he wants to…