Bird

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EBER G. RUTH, Case No.: 1:23-cv-00529-ADA-CDB (PC) Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS TO DENY

PLAINTIFF’S APPLICATION TO PROCEED

LANDON BIRD, et al., IN FORMA PAUPERIS

Defendants. (ECF No. 7)

Plaintiff Eber G. Ruth is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 11, 2023, the Magistrate Judge issued findings and recommendations to deny Plaintiff’s motion to proceed in forma pauperis. (ECF No. 7.) Specifically, the Magistrate Judge found Plaintiff has accrued three or more strikes under 28 U.S.C. § 1915 and failed to show he was in imminent danger of serious physical injury. (Id.) Plaintiff filed objections1 on April 21, 2023. (ECF No. 8.) In his objections, in addition to repeating the assertions present in his…