1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN DUANE HICKMAN, No. 2:25-cv-2507 CKD P 12 Plaintiff, 13 v. ORDER AND 14 STATE OF CALIFORNIA, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding 18 was referred to this court by Local Rule 302 pursuant to

(b)(1). 19 Plaintiff has requested leave to proceed in forma pauperis. Title

(g) 20 reads as follows: 21 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 22 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 23 frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious 24 physical injury. 25 A review of court records reveals that plaintiff has filed two actions that were dismissed 26 for failure to state a claim upon which relief can be granted, and judgment is final: Hickman v. 27 Chisolm, 2:19-cv-1254 TLN AC P; Hickman v. Chisolm, 2:19-cv-1725 KJM DB P. Plaintiff also 28 filed an action that was dismissed as duplicative and judgment is final: Hickman v. Chisolm, 1 2:19-cv-1828 KJM AC P. The Ninth Circuit has recognized that a duplicative suit is either 2 | frivolous or malicious. Cato v. United States,

, 1105 n.2 (9th Cir. 1995). 3 There is no allegation by plaintiff that he is under imminent danger of serious physical 4 || injury. 5 In light of the foregoing, plaintiffs request for leave to proceed in forma pauperis should 6 || be denied. 7 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 8 | court judge to this case. 9 IT IS HEREBY RECOMMENDED that: 10 1. Plaintiff's request to proceed in forma pauperis (ECF No. 2) be denied; and 11 2. Plaintiff be ordered to pay the $405 filing fee. 12 These findings and recommendations are submitted to the United States District Judge 13 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 14 | after being served with these findings and recommendations, plaintiff may file written objections 15 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 16 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 17 || time waives the right to appeal the District Court’s order. Martinez v. YIst,

(9th 18 | Cir. 1991). 19 | Dated: September 12, 2025 / ae / a /y Ze

21 UNITED STATES MAGISTRATE JUDGE 22 23 24 | 1 hick2507.3ks 25 26 27 28