No. 1:19-cv-01109-NONE-BAM (PC)
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENIAL OF PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. Nos. 8, 9, 18)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff Paul Adams is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 2, 2019. (Doc. No. 1.)
The action was originally filed as a joint complaint with two pro se plaintiffs. See Case No. 1:19-cv-01065-NONE-BAM (PC) (E.D. Cal.). On August 14, 2019, the court ordered plaintiff's claims severed and opened as a new civil action. (Doc. No. 2.)
On September 13, 2019, the assigned magistrate judge issued findings and recommendations recommending that plaintiff's application to proceed in forma pauperis be denied and that he be required to pay the $400.00 filing fee in full to proceed with this action. (Doc. No. 9.) Those findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 3.) Plaintiff filed objections to the findings and recommendations on September 30, 2019. (Doc. No. 10.) On February 21, 2020, plaintiff filed a demand for "judgment" regarding the pending findings and recommendations to deny plaintiff's motion to proceed in forma pauperis. (Doc. No. 18.) The court interprets plaintiff's filing as a request for a ruling on his motion to proceed in forma pauperis. By the instant order, the court will address plaintiff's in forma pauperis status. To the extent plaintiff's motion raises objections to the severance of this action from the original filing, those objections are deferred until after plaintiff's motion to proceed in forma pauperis is resolved.
On December 1, 2020, the filing fee was increased from $400.00 to $402.00. 28 U.S.C. § 1914. --------
In his objections, plaintiff argues that the magistrate judge incorrectly determined that he was not in imminent danger of serious physical injury at the time the complaint was filed. However, plaintiff alleges in a conclusory fashion only that he "suffers extreme mental and emotional injury which is a physical danger at the time of filing." (Doc. No. 10, p. 5.) Plaintiff states that "he considered comitting [sic] suicide based upon the injuries he suffered" and refers to a declaration included with the complaint. (Id. at 6.) However, the attached declaration states only that plaintiff considered suicide in approximately June 2017, when he was previously on parole and homeless. (Doc. No. 1, p. 23.) The declaration and the complaint include no allegations that indicate plaintiff was considering suicide at the time the complaint in this action was filed, while he was incarcerated.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, including plaintiff's objections, the court concludes that the magistrate judge's findings and recommendations are supported by the record and proper analysis.
1. Plaintiff's motion for judgment regarding his in forma pauperis status, (Doc. No. 18), is granted, as discussed above;/////
2. The findings and recommendations issued on September 13, 2019, (Doc. No. 9), are adopted in full;
3. In accordance with 28 U.S.C. § 1915(g), plaintiff's application to proceed in forma pauperis, (Doc. No. 8), is denied; andIT IS SO ORDERED.
4. Within twenty-one (21) days following the date of service of this order, plaintiff shall pay the $402.00 filing fee in full to proceed with this action. If plaintiff fails to pay the filing fee within the specified time, this action will be dismissed without further notice.
Dated: February 23 , 2021
UNITED STATES DISTRICT JUDGE