Demos v. Stephens

4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA || JOHN ROBERT DEMOS JR, Case No. 3:22-cv-05428-JLR-TLF 7 Plaintiff, V. ORDER DENYING PLAINTIFF’S 8 MOTION AND APPLICATION TO DEBRA L STEPHENS, 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 13 ORDER: (1) the Court adopts the Report and Recommendation; 15 (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 49 state a claim. See, El-Shaddai v. Zamora, 833 F.3d 1036, 1043 (9th Cir. 50 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 22 strikes against [plaintiff]”).

25 || ORDER DENYING PLAINTIFF'S MOTION AND APPLICATION TO PROCEED IN FORMA PAUPERIS - ' (4) If plaintiff wishes to pursue this case, he must pay the Court filing fee within 2 21 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.

Dated this 2 day of Ge ok. 2.622- \ 8 James L| Robart 9 United States District Judge || ORDER DENYING PLAINTIFF'S MOTION AND APPLICATION TO PROCEED IN FORMA PAUPERIS -