Patu v. Blair

4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA SOLOMONA RICKY PATU, Case No. C22-764 TL-TLF 7 Plaintiff, v. ORDER DENYING PLAINTIFF’S 8 MOTION AND APPLICATION TO BRANDI BLAIR, PROCEED IN FORMA PAUPERIS Defendant.

11 The Court, having reviewed the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, and the remaining record, does hereby find and ORDER: (1) the Court adopts the Report and Recommendation; (2) plaintiff’s motion to proceed in forma pauperis is denied; 16 (3) the Court’s denial of plaintiff’s motion to proceed in forma pauperis does 17 not constitute a separate strike, because the Court did not make a ruling on 18 whether any claim in the complaint was frivolous, malicious, or failed to state a claim. See, El-Shaddai v. Zamora, 833 F.3d 1036, 1043 (9th Cir. 2016) (“Because the grounds for dismissal . . . were that [plaintiff] had incurred too many strikes, and not because the cases were themselves frivolous, malicious, or failed to state a claim, they do not count as separate strikes against [plaintiff]”). (4) If plaintiff wishes to pursue this case, he must pay the Court filing fee within days of this Order; failure to pay the filing fee will result in the case 3 being closed; and 4 (5) if plaintiff appeals, plaintiff will not continue in forma pauperis on appeal.

5 Dated this 1st day of September 2022.

7 A 8 Tana Lin United States District Judge