(PC) Khademi v. City of Roseville Police Dept.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA DAVOOD KHADEMI, No. 2:23-cv-1735 KJM CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS CITY OF ROSEVILLE POLICE DEPARTMENT, Defendant.

18 Plaintiff is a Placer County inmate proceeding pro se with a civil action. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

20 Plaintiff has requested leave to proceed in forma pauperis. Title 28 U.S.C. § 1915(g) reads as follows: 22 In no event shall a prisoner bring a civil action . . . [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated 23 or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is 24 frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious 25 physical injury.

26 ///// ///// ///// 1 A review of court records from this court reveals that, while incarcerated and before this || action was filed, petitioner had at least 3 actions dismissed for failure to state a claim: 3 1. Khademi v. Vanderwende, 2:18-cv-2798 TLN AC.

4 2. Khademi v. Vanderwende, No. 19-17051 (9th Cir.).!

5 3. Khademi v. Los Rios Community District College, 2:23-cv-0260 TLN AC.”

6 In his complaint, plaintiff seeks damages and not relief from imminent danger of serious || physical imjury.

8 In light of the foregoing, plaintiff's request for leave to proceed in forma pauperis should || denied.

10 Accordingly, IT IS HEREBY RECOMMENDED that: 11 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 7) be denied.

12 2. Plaintiff be granted fourteen days within which to pay the $402 filing fee for this || action.

14 These findings and recommendations are submitted to the United States District Judge || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days || after being served with these findings and recommendations, plaintiff may file written objections || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings || and Recommendations.” Plaintiff is advised that failure to file objections within the specified || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th | Cir. 1991).

21 | Dated: October 30, 2023 / □□ I / dle ae 22 CAROLYNK. DELANEY | | UNITED STATES MAGISTRATE JUDGE khad1735.3ks %6 ' This case is the appeal of the dismissal order in the prior case.

27 || * This case was dismissed at the screening stage for being time-barred which amounts to a dismissal for failure to state a claim. Belanus v. Clark, 796 F.3d 1021, 1024, 1030 (9th Cir. | 2015).