Prescott-Martin

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD EDWARD SPEARMAN, No. 2:25-cv-0235 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 RAECHELLE PRESCOTT-MARTIN, 15 Defendant. 16 17 Plaintiff is a county prisoner proceeding pro se who has not yet submitted an application 18 to proceed in forma pauperis in this case or paid the required filing fee of $350.00 plus the $52.00 19 administrative fee. However, for the reasons explained below, plaintiff will not be given the 20 opportunity to submit an application to proceed in forma pauperis because he has accrued at least 21 three strikes under 28 U.S.C. § 1915(g) and he has not shown that he is under imminent danger of 22 serious physical injury. Instead, the court will recommend that plaintiff be required to pay the 23 $402.00 in required fees or suffer dismissal of the complaint. 24 I. Three Strikes Analysis 25 The Prison Litigation Reform Act of 1995 (PLRA) permits any court of the United States 26 to authorize the commencement…