Lettieri

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID LETTIERI, Case No.: 24-CV-1176-JO-DDL

Plaintiff,

ORDER DENYING MOTION TO

v. PROCEED IN FORMA PAUPERIS

AND DISMISSING CIVIL ACTION

MARUCHAN, INC,

FOR FAILURE TO PAY FILING

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