(PC) Miller v. Montgomery

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:23-CV-0994-DMC-P Plaintiff, v. ORDER ANDREW MONTGOMERY, and Defendant. FINDINGS AND RECOMMENDATIONS 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s unopposed motion to revoke Plaintiff’s in forma pauperis (IFP) status and dismiss the case. ECF No. 19. Defendant has filed a request for judicial notice in support thereof. See ECF 19-1. Defendant argues: (1) Plaintiff’s IFP status should be revoked, and Plaintiff should be required to pay the full filing fee because he has had three or more prior cases dismissed for failure to state a claim or as frivolous; and (2) Plaintiff’s complaint should be dismissed for failure to comply with Federal Rule of Civil Procedure 8 and failure to state a claim upon which relief can be granted. See ECF No. 19. Also before the Court is…