Driver

Driver v. Balanon

Good Law
United States District Court, Northern District of CaliforniaJune 17, 20243:24-cv-03358California762 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BILLY DRIVER, Case No. 24-cv-03358-JD

Plaintiff,

ORDER TO SHOW CAUSE

v.

BALANON, et al., Defendants.

12 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. Plaintiff also filed a motion to proceed in forma pauperis (“IFP”), but it appears that he is three strikes barred and cannot proceed IFP pursuant to 28 U.S.C. § 1915(g), unless he is under imminent danger of serious physical injury. The Prison Litigation Reform Act of 1995 (“PLRA”), provides that a prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 “if the prisoner has, on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. §…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.