McCoy v. Holguin et al

Filing 61

ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 44 Defendants' Motion to Revoke Plaintiff's In Forma Pauperis Status; ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS; and Order Directing Plaintiff to Pay the $400.00 Filing Fee in Full Within Fourteen (14) Days signed by District Judge Dale A. Drozd on 5/11/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,

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No. 1:15-cv-00768-DAD-MJS

v.
A. HOLGUIN, et al.,

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Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, REVOKING
PLAINTIFF’S IN FORMA PAUPERIS
STATUS, AND DIRECTING PLAINTIFF TO
PAY FILING FEE
(Doc. Nos. 44, 56)

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Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42

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U.S.C. § 1983. On July 14, 2015, plaintiff was granted leave to proceed in forma pauperis. (Doc.

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No. 9.)

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On March 7, 2017, the assigned magistrate judge issued findings and recommendations

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recommending defendants’ motion to revoke in forma pauperis status be granted and plaintiff be

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directed to pay the filing fee in full. (Doc. Nos. 44, 56.) Plaintiff filed an opposition to

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defendants’ motion on March 9, 2017 and filed objections to the findings and recommendations

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on March 23, 2017. (Doc. Nos. 57, 58.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has

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conducted a de novo review of this case. Having carefully reviewed the entire file, including

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plaintiff’s objections, the undersigned concludes the findings and recommendations are supported
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by the record and by proper analysis. Plaintiff’s contention that he falls within the imminent

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danger exception of 28 U.S.C. § 1915(g) because he continues to experience health problems

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from an alleged assault occurring more than two years ago is unpersuasive. A plaintiff must

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allege “an ongoing danger” in order to meet the imminent danger exception to § 1915(g).

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Andrews v. Cervantes, 493 F.3d 1047, 1056–57 (9th Cir. 2007).

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Accordingly:

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1. The court adopts the findings and recommendations filed on March 7, 2017 (Doc. No.

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56) in full;
2. Defendants’ January 9, 2017 motion to revoke plaintiff’s in forma pauperis status (Co.
No. 44) is granted;

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3. Plaintiff’s in forma pauperis status (Doc. No. 9) is revoked;

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4. Plaintiff is directed to pay the required $400 filing fee in connection with this civil

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action within fourteen (14) days of the date of this Order; and
5. Plaintiff’s failure to pay the filing fee or otherwise respond to this Court order will

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result in the dismissal of this action.

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IT IS SO ORDERED.

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Dated:

May 11, 2017
UNITED STATES DISTRICT JUDGE

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