(PC) Lewis v. Phillip

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA PAUL DIXON LEWIS, Case No. 1:23-cv-01715 JLT CDB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING 13 v. PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS B. PHILLIP, et al., 15 Defendants. (Docs. 2, 8)

18 Paul Dixon Lewis seeks to proceed in forma paupers in this civil rights action. (Doc. 2.)

19 The assigned magistrate judge found Plaintiff is subject to the three-strikes bar of 28 U.S.C. § 20 1915(g) based on three cases previously filed by Plaintiff that were either dismissed for failure to state a claim or barred under Heck v. Humphrey, 512 U.S. 477 (1994)). (Doc. 8 at 2.) The magistrate judge also found Plaintiff fails to allege facts supporting a conclusion that he is in imminent danger of serious physical injury that would trigger an exception to Section 1915. (Id. at 3.) Therefore, the magistrate judge recommended Plaintiff’s motion to proceed in forma pauperis be denied and that Plaintiff be ordered to pay the filing fee. (Id.) 26 The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were due within 14 days. (Doc. 8 at 3.) The Court advised him that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing | Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and | the time to do so has passed.

3 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this | case. Having carefully reviewed the matter, the Court concludes the Findings and | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued December 22, 2023 (Doc. 8) are 7 ADOPTED in full.

8 2. Plaintiffs application to proceed in forma pauperis (Doc. 2) is DENIED.

9 3. Plaintiff SHALL pay the $405 filing fee in full for this action within 21 days of 10 the date of service of this order.

11 4. Plaintiff is advised the failure to comply with this order will result in 12 dismissal of this action.

14 | TPIS SO ORDERED. is | Dated: _ January 19, 2024 Charis [Tourn 16 TED STATES DISTRICT JUDGE