James Davenport v. C. Pfeiffer, et al.

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA JAMES DAVENPORT, Case No.: 1:25-cv-00997-JLT-SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS C. PFEIFFER, et al., (Docs. 2 & 9) 15 Defendants.

17 Plaintiff James Davenport seeks to hold defendants liable for violations of his civil rights.

18 This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302.

20 The magistrate judge recommended plaintiff’s application to proceed in forma pauperis be denied because plaintiff has accrued three or more strikes and does not qualify for the imminent danger exception pursuant to 28 U.S.C. § 1915. (Doc. 8.) The magistrate judge advised that the “[f]ailure to file objections within the specified time may result in waiver of rights on appeal.”

24 (Id. at 4-5, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)). Plaintiff did not file objections.1 1 Following service of the findings, Plaintiff filed a second application to proceed in forma pauperis. (See Doc. 9.)

On September 9, 2025, the Court granted Plaintiff additional time to file objections to the findings, directing him to 1 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this | case. Having carefully reviewed the matter, the Court concludes the Findings and | Recommendations to be supported by the record and proper analysis. Accordingly, the Court | ORDERS: 5 1. The Findings and Recommendations issued August 14, 2025 (Doc. 8) are ADOPTED 6 in full.

7 2. Plaintiffs applications to proceed in forma pauperis (Docs. 2 & 9) are DENIED.

8 3. Plaintiff SHALL pay the full $405 filing fee for this action within 30 days of the date 9 of service of this order. Failure to pay the filing fee will result in the dismissal of this 10 action. b IT IS SO ORDERED.

13 | Dated: _November 7, 2025 Cerin | Tower TED STATES DISTRICT JUDGE