Jones

(PC) Kelly v. Jones

Good Law
United States District Court, Eastern District of CaliforniaDecember 3, 20242:24-cv-02462California948 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, Case No. 2:24-cv-2462-KJM-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS GINA JONES, et al., Defendants. 16 17 Plaintiff has filed a complaint, ECF No. 6, and a request to proceed in forma pauperis, ECF No. 7. However, plaintiff is a “Three-Striker” within the meaning of Title 28 U.S.C. § 1915(g). See Kelly v. Sao, No. 1:19-cv-00681-LJO-BAM (E.D. Cal. May 19, 2019) (recognizing plaintiff as a “three-striker” within in the meaning of 28 U.S.C. § 1915(g)); Kelly v. Bandaru, 2:23-cv-1161-DJC-JDP (E.D. Cal. June 27, 2024) (same). The court takes judicial notice of the following cases constituting strikes: (1) Kelly v. Youngblood, No. 2:04-cv-2462-WBS-DAD (E.D. Cal. Dec. 29, 2004) (dismissed for failure to exhaust administrative remedies clear from the face of complaint); (2) Kelly v. Gyorkey, No. 2:11- 26 1 Plaintiff indicates in his complaint that he has filed only one other lawsuit, 2:08-cv1823. See ECF…

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