Iske v. State of Nevada et al

Filing 10

ORDER. The deadline for the plaintiff to object to this recommendation was 3/10/25, and the plaintiff neither filed anything nor asked to extend the deadline to do so. "[N]o review is required of a magistrate judge's report and recommendat ion unless objections are filed." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that the Magistrate Judge 's Report and Recommendation [ECF No. 9 ] is ADOPTED in its entirety, and plaintiff's application to proceed in forma pauperis [ECF No. 6 ] is DENIED. Signed by Judge Jennifer A. Dorsey on 3/12/2025. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HARLAN ISKE,

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Plaintiff,

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v.

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STATE OF NEVADA, et al.,

Case No. 2:24-cv-01587-JAD-NJK
ORDER ADOPTING REPORT
AND RECOMMENDATION AND
DENYING IFP APPLICATION

ECF Nos. 6, 9
Defendants
11 On 2/24/25, the magistrate judge entered this report & recommendation [ECF No. 9]:
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Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket

No. 6.1
Plaintiff is a prisoner2 with three or more cases dismissed for failure to state a claim. See
Iske v. H.D.S.P., Case No. 2:22-cv-1035-CDS-EJY, Docket No. 18 (D. Nev. Jan. 24, 2023)
(dismissing case for failing to state a claim); Iske v. Bellinger, Case No. 3:20-cv-00424-RCJ-CLB,
Docket No. 5 (D. Nev. April 29, 2021) (screening order concluding that, “[i]f Plaintiff chooses not
to file an amended complaint curing the stated deficiencies, this action will be dismissed with
prejudice for failure to state a claim”); Docket No. 7 (dismissing case for failing to file an amended
complaint in compliance with earlier order) (D. Nev. June 29, 2021); Iske v. Daily, Case No. 3:19cv-00761-MMD-CLB, Docket No. 11 (D. Nev. Sept. 21, 2021) (dismissing cases for failing to
state a claim).
Pursuant to 28 U.S.C. § 1915(g), “if [a] 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

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As a litigant proceeding without an attorney, the Court construes Plaintiff’s filings
25 liberally. Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013).

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For purposes of the three strikes rule, the term “prisoner” includes “any person
incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or
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probation, pretrial release, or diversionary program.” 28 U.S.C. § 1914(h) (emphasis added).
28 Plaintiff’s earlier cases occurred while incarcerated by Nevada Department of Corrections.
Plaintiff filed his current case while detained by the Clark County Detention Center.

1 that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon
2 which relief may be granted,” he may not proceed in forma pauperis and, instead, must pay the
3 full $405.00 filing fee in advance unless he is “under imminent danger of serious physical injury.”
4 28 U.S.C. § 1915(g).
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In his complaint, Plaintiff alleges that a governmental entity (either the State, the County,

6 or the City) improperly took his property without proper compensation in violation of the Fifth
7 Amendment and Fourteenth Amendment. See Docket No. 1-1. These allegations do not relate to
8 Plaintiff’s current circumstances in detention and do not plausibly allege that Plaintiff is in
9 imminent danger of serious physical injury. See Andrews v. Cervantes, 493 F.3d 1047, 1055-56
10 (9th Cir. 2007) (holding that the exception to § 1915(g) applies if the complaint makes a plausible
11 allegation that the prisoner faced an ongoing danger of serious physical injury at the time of filing).
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Accordingly, the undersigned RECOMMENDS that Plaintiff’s application to proceed in

13 forma pauperis be DENIED and that he be required to pre-pay the $405.00 filing fee in full.3
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Dated: February 24, 2025
______________________________
Nancy J. Koppe
United States Magistrate Judge

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Order Adopting R&R
The deadline for the plaintiff to object to this recommendation was 3/10/25, and the

20 plaintiff neither filed anything nor asked to extend the deadline to do so. “[N]o review is
21 required of a magistrate judge’s report and recommendation unless objections are filed.” United
22 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and
23 recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that
24 the Magistrate Judge’s Report and Recommendation [ECF No. 9] is ADOPTED in its entirety,
25 and plaintiff’s application to proceed in forma pauperis [ECF No. 6] is DENIED.
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U.S. District Judge Jennifer A. Dorsey
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Dated: March 12, 2025
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The Ninth Circuit has determined that a magistrate judge is not empowered to deny a
28 request to proceed in forma pauperis, Tripati v. Rison, 847 F.2d 548, 549 (9th Cir. 1988), so the
undersigned issues this report and recommendation rather than an order.
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