Driver

Driver v. C-5 Third-Watch Mail Guard Responsible for Mail Delivery

Good Law
United States District Court, Northern District of CaliforniaJanuary 2, 20253:24-cv-08762California752 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BILLY DRIVER, Case No. 24-cv-08762-JD

Plaintiff,

ORDER TO SHOW CAUSE

v.

C-5 THIRD-WATCH MAIL GUARD

RESPONSIBLE FOR MAIL DELIVERY,

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, 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 …

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