Cates

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELVIN JOSEPH SIMMONS, Case No. 1:23-cv-00793-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF

v. BE REQUIRED TO PAY THE $402.

FILING FEE IN FULL IF HE WANTS TO

BRIAN CATES, et al., PROCEED WITH THIS ACTION

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

ORDER DIRECTING CLERK TO

ASSIGN DISTRICT JUDGE I. BACKGROUND Melvin Simmons (“Plaintiff”) is a state prisoner proceeding pro se in this action. The Court received the complaint commencing this action on May 24, 2023. (ECF No. 1). 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 proceed with the action. II. THREE-STRIKES PROVISION…