Summary
adopting report and recommendation concluding that "[prisoner's] generalized fear of COVID and general concern that he might become infected with the virus does not establish that he is in imminent danger of serious physical injury."
Summary of this case from Grandinetti v. Nat'l GuardOpinion
No. 2:20-cv-00968-JE
10-09-2020
LEROY LAMONT WELLS, Plaintiff, v. SUE WASHBURN, Defendant.
ORDER :
Magistrate Judge Jelderks issued a Findings and Recommendation [10] on August 6, 2020, in which he recommends that this Court deny Plaintiff's application to proceed in forma pauperis. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Plaintiff filed objections to the Magistrate Judge's Findings & Recommendation. Pl.'s Obj. I, ECF 12; Pl.'s Obj. II, ECF 13. When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
The Court has carefully considered Plaintiff's objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks' Findings and Recommendation [10]. Therefore, Plaintiff's Motion to Proceed In Forma Pauperis [6] is DENIED. If Plaintiff wishes to continue with this case, he must pay the $400.00 filing fee within 30 days. Failure to do so will result in the dismissal of this action without prejudice.
IT IS SO ORDERED.
DATED: October 9, 2020.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge