Walters

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KOHEN DIALLO UHURU, No. 2:23-CV-0200-DMC-P Plaintiff, v. ORDER WALTERS, et al., and Defendants. FINDINGS AND RECOMMENDATIONS 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action with a pro se complaint. See ECF No. 1. The action currently proceeds on Plaintiff’s first amended complaint filed on September 5, 2023. See ECF No. 13. When Plaintiff initiated the action, he filed a motion for leave to proceed in forma pauperis, which the Court granted. See ECF No. 5. The Court also directed partial monthly fee payments. See ECF No. 6. A further review of the docket reflects, however, that Plaintiff is not entitled to proceed in forma pauperis in this action because he has had three or more prior actions dismissed for failure to state a claim or as frivolous and the current action does not involve a 26 …