1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN ALLEN, Case No. 1:22-cv-0633 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING 13 v. PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS 14 A. DELACRUZ, (Docs. 11, 12) 15 Defendant. 16 17 Kevin Allen, a prisoner, initiated this action proceeding pro se by filing a civil rights 18 complaint against A. Delacruz. (Doc. 1.) Plaintiff also filed a motion to proceed in forma 19 pauperis. (Doc. 11.) 20 The magistrate judge issued Findings and Recommendations that Plaintiff’s motion to 21 proceed IFP be denied because he has at least three cases dismissed that qualify as a “strike” 22 under Ninth Circuit caselaw before filing his lawsuit on May 26, 2022. (Doc. 12 at 5-6.) 23 Therefore, the magistrate judge found Plaintiff is subject to the three strikes bar under

1915(g). (Id.) The magistrate judge also found the allegations in Plaintiff’s complaint do not 25 satisfy the “imminent danger of serious physical injury” exception to Section 1915(g), even when 26 liberally construing Plaintiff’s complaint. (Id. at 6-7.) 27 The Court served the Findings and Recommendations on Plaintiff and warned him that 28 any objections were due within fourteen days. (Doc. 12 at 7.) The Court also advised him “that 1 | failure to file objections within the specified time may result in the waiver of rights on appeal.” 2 | Ud. at 7, citing Wilkerson v. Wheeler,

(9th Cir. 2014); Baxter v. Sullivan, 3 |

(9th Cir. 1991).) Plaintiff has not filed any objection, and the time to do so 4 | has expired. 5 According to

(b)(1)(C), the Court conducted a de novo review. Having 6 | carefully reviewed the matter, the Court concludes the Findings and Recommendations are 7 | supported by the record and by proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on July 14, 2022 (Doc. 12) are 9 ADOPTED in full. 10 2. Plaintiff's motion to proceed in forma pauperis (Doc. 11) is DENIED. 11 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 12 the $402.00 filing fee if he wishes to proceed with his action. 13 4. Plaintiff is advised that failure to pay the required filing fee as ordered will result 14 in the dismissal of this action without prejudice. 15 16 IT IS SO ORDERED. 17 | Dated: _ August 2, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28