Warden

(PC) Overton v. Warden

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20252:25-cv-00026California1,434 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL L. OVERTON, No. 2:25-cv-0026 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with this civil action. I. Three Strikes Analysis Plaintiff has not yet submitted an application to proceed in forma pauperis in this case or paid the required filing fee of $350.00 plus the $52.00 administrative fee. However, as explained below, plaintiff will not be given the opportunity to submit an application to proceed in forma pauperis because he has accrued at least three strikes under 28 U.S.C. § 1915(g) and he has not shown that he is under imminent danger of serious physical injury. Instead, the court will recommend that plaintiff be required to pay the $402.00 in required fees or suffer dismissal of the complaint. The Prison Litigation Reform Act of 1995 (PLRA) permits any court of the United States to authorize the…

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