(PC) Cramer v. Macomber

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA MATTHEW B. CRAMER, Case No. 1:25-cv-00489 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING 13 v. PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DIRECTING JEFF MACOMBER, et al., PLAINTIFF TO PAY FILING FEE WITHIN DAYS Defendants. (Docs. 2, 9) 17 Matthew B. Cramer seeks to proceed in forma pauperis in this action, in which he alleges the defendants—including the CDCR director, Inspector General, the warden of Norther Kern State Prison, and several correctional officers—violated his civil rights while housed at NKSP.

20 (Doc. 1.) Plaintiff requests to proceed in forma pauperis in this action. (Doc. 2.)

21 The magistrate judge reviewed Plaintiff’s litigation history and identified three actions that qualified as strikes under 28 U.S.C. § 1915(g). (Doc. 9 at 2.) In addition, the magistrate judge found Plaintiff’s “allegations fail to demonstrate imminent danger of serious physical injury at the time of filing.” (Id. at 3.) In so finding, the magistrate judge observed that Plaintiff’s imminent danger allegations were based on past dangers while housed at NSKP and were speculative in nature. (Id. at 3-4.) Therefore, the magistrate judge found the imminent danger exception to Section 1915 does not apply and recommended that the Court deny the motion to proceed in forma pauperis. (Id. at 5.)

1 The Court served the Findings and Recommendations on Plaintiff and notified him that | any objections were due within 14 days. (Doc. 9 at 5.) The Court advised Plaintiff the “failure to | file any objections within the specified time may result in the waiver of certain rights on appeal.”

4 | Ud. at 5, 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.

6 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

7 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations || are supported by the record and proper analysis. Thus, the Court ORDERS: 9 1. The Findings and Recommendations filed on May 2, 2025 (Doc. 9) are 10 ADOPTED in full.

11 2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED.

12 3. Within 30 days from the date of service of this order, Plaintiff SHALL pay in full 13 the $405.00 to proceed with his action.

14 Plaintiff is advised that failure to pay the required filing fee as ordered will result in 15 the dismissal of this action without prejudice.

7 IT IS SO ORDERED.

1g | Dated: _May 28, 2025 Charis [Tourn TED STATES DISTRICT JUDGE