(PC) Roberts v. Wasco State Prison

Good Law
United States District Court, Eastern District of CaliforniaFebruary 5, 20211:21-cv-00097California1,732 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID ROBERTS, Case No. 1:21-cv-00097-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF

v. BE REQUIRED TO PAY THE $402.

FILING FEE IN FULL IF HE WANTS TO

WASCO STATE PRISON, et al., PROCEED WITH THIS ACTION

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE (21) DAYS

ORDER DIRECTING CLERK TO

ASSIGN DISTRICT JUDGE I. BACKGROUND David Roberts (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action. Plaintiff filed the complaint commencing this action on January 25, 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…

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