1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, No. 2:25-cv-2528 TLN CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 RODRREGEZ, 15 Defendant. 16 17 Plaintiff is proceeding pro se with a civil action. This proceeding was referred to this 18 court by Local Rule 302 pursuant to

(b)(1). 19 Plaintiff has requested leave to proceed in forma pauperis. When plaintiff initiated this 20 action he was a Sacramento County Jail prisoner. Title

(g) 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 had at least three cases dismissed for 26 failure to state a claim upon which relief can be granted which were brought by plaintiff while he 27 was incarcerated and where judgement was entered before this action was filed: Foster v. 28 Newsom, 2:21-cv-0316 TLN DMC P; Foster v. White, 2:21-cv-0388 KJM JDP P; and Foster v. 1 || Walker, 2:21-cv-0874 WBS CKD P. There is no allegation by plaintiff that he was under 2 || imminent danger of serious physical injury when this action was filed. 3 In light of the foregoing, the court will recommend that plaintiffs request for leave to 4 || proceed in forma pauperis be denied and that plaintiff be granted fourteen days within which to 5 || pay the filing fee for this action. 6 Accordingly, IT IS HEREBY RECOMMENDED that: 7 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 6) be denied. 8 2. Plaintiff be granted fourteen days within which to pay the $405 filing fee for this 9 || action. 10 These findings and recommendations are submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 12 || after being served with these findings and recommendations, plaintiff may file written objections 13 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 14 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 15 || time waives the right to appeal the District Court’s order. Martinez v. YIst,

(9th 16 | Cir. 1991). 17 || Dated: November 3, 2025 fi 20 } Kt | / , a he

19 UNITED STATES MAGISTRATE JUDGE 20 21 22 | 4 73 fost2426.k

24 25 26 27 28