Lettieri

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DAVID LETTIERI, Case No.: 24-CV-1176-JO-DDL

12 Plaintiff,

ORDER DENYING MOTION TO

13 v. PROCEED IN FORMA PAUPERIS

AND DISMISSING CIVIL ACTION

14 MARUCHAN, INC,

FOR FAILURE TO PAY FILING

15 Defendant. FEES REQUIRED BY 28 U.S.C. § 1914(a) 16 17 18 Plaintiff David Lettieri is a prisoner at Niagara County Jail in Lockport, New York. 19 Dkt. 1. Proceeding pro se, he filed a complaint alleging a packet of instant noodles he 20 purchased while in county jail was mislabeled with incorrect nutritional information. Id. 21 Plaintiff also filed a motion to proceed in forma pauperis (“IFP”), Dkt. 2, which the 22 Court denies for the following reasons. A prisoner with three or more “strikes,” i.e., prior 23 civil cases or appeals dismissed as frivolous, malicious, or for failing to state a claim, 24 cannot proceed IFP absent allegations that he faces “imminent danger of serious physical 25 injury” at the time of filing. Andrews v.…