FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S REQUEST TO PROCEED
IN FORMA PAUPERIS
ORDER DIRECTING CLERK'S OFFICE TO ASSIGN A DISTRICT JUDGE
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff, Brandon Alexander Favor, is a state prisoner proceeding pro se in this civil action under 28 U.S.C. § 13423(a) and 42 U.S.C. § 1983, which he filed on June 2, 2017. Along with the Complaint, Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This request should be
THREE-STRIKES PROVISION OF 28 U.S.C. § 1915
28 U.S.C. § 1915 governs proceedings in forma pauperis. "In no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated 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 frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).
The Court may take judicial notice of court records. United States v. Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004). Here, judicial notice is taken of three of Plaintiff's prior actions:
The Court has reviewed Plaintiff's Complaint and finds that he does not meet the imminent danger exception. See Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Plaintiff's allegations are largely incoherent — it appears that he is simply reciting various events of his upbringing and activities which resulted in his incarceration. (Doc. 1.) None of Plaintiff's allegations show that he was under an imminent danger at the time he filed this action. Based on the foregoing, the Court finds that Plaintiff fails to allege an imminent danger of serious physical injury necessary to bypass the restriction of § 1915(g) on filing suit without prepayment of the filing fee since he has three strikes. Plaintiff may not proceed in forma pauperis and must submit the appropriate filing fee in order to proceed with this action.
CONCLUSION and RECOMMENDATION
Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff's motion to proceed in forma pauperis, filed June 2, 2017 (Doc. 2), be denied and that Plaintiff be ordered to pay the filing fee in full.
The Clerk's Office is directed to assign a district judge to this action.
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within
IT IS SO ORDERED.