(PC) Larson v. Rhodes, No. 1:2009cv00342 - Document 6 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sandra M. Snyder on 7/29/2009 recommending that Plaintiff be denied leave to proceed IFP re 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Harvey Eugene Larson and be directed to pay $350.00 Filing Fee. Referred to Judge Oliver W. Wanger; Objections to F&R due by 8/31/2009. (Lundstrom, T)

Download PDF
(PC) Larson v. Rhodes Doc. 6 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 HARVEY EUGENE LARSON, Plaintiff, 6 7 8 vs. 1:09 CV 00342 OWW YNS SMS (PC) FINDINGS AND RECOMMENDATION P. RHODES, Defendant. 9 10 Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 11 12 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 13 U.S.C. § 636(b)(1). Plaintiff has submitted request to proceed in forma pauperis pursuant to 28 14 U.S.C. § 1915(a). Plaintiff, an inmate in the custody of the California Department of Corrections 15 16 and Rehabilitation at CCI Tehachapi, brings this civil rights action against the Warden and other 17 correctional officials at Tehachapi. Plaintiff claims that he is illegally housed in Administrative 18 Segregation.. 19 The Prison Litigation Reform Act provides that “[i]n no event shall a prisoner 20 bring a civil action . . . under this section if the prisoner has, on 3 or more occasions, while 21 incarcerated or detained in a facility, brought an action or appeal in a court of the United States 22 that was dismissed on the ground that it is frivolous, malicious, or fails to state a claim upon 23 which relief may be granted, unless the prisoner is under imminent danger of serious injury.” 24 25 This plaintiff has, on 3 prior occasions, brought civil actions challenging the conditions of his confinement. All three action were dismissed as frivolous, or for failure to state 26 1 Dockets.Justia.com 1 a claim upon which relief can be granted. Larson v. Runnels, et al., 2:06 cv 00940 GEB GGH 2 PC; Larson v. Patton, et al. 2:07 CV 01043 FCD JFM PC; Larson v. Runnels, et al., 2:07 CV 3 00806 FCD DAD PC. Plaintiff is therefore not entitled to proceed in forma pauperis unless he 4 alleges facts indicating that he is in imminent danger of serious physical injury. Plaintiff alleges 5 no such facts in this case. Plaintiff is therefore not entitled to proceed in forma pauperis. Accordingly, On May 29, 2009, Plaintiff was ordered to show cause, within thirty 6 7 days, why he should not be denied leave to proceed in forma pauperis and directed to pay the 8 filing fee in full. Plaintiff failed to respond to the order to show cause. Accordingly, IT IS HEREBY RECOMMENDED that: 9 1. Plaintiff be denied leave to proceed in forma pauperis pursuant to 28 U.S.C. § 10 11 1915(g). 12 2. Plaintiff be directed to pay the $350 filing fee in full. 13 These findings and recommendations are submitted to the United States District 14 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within 15 thirty days after being served with these findings and recommendations, any party may file 16 written objections with the court and serve a copy on all parties. Such a document should be 17 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the 18 objections shall be served and filed within ten days after service of the objections. The parties 19 are advised that failure to file objections within the specified time waives all objections to the 20 judge’s findings of fact. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). Failure to file 21 objections within the specified time may waive the right to appeal the District Court’s order. 22 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 23 IT IS SO ORDERED. 24 Dated: icido3 July 29, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.