Ainsworth

INTRODUCTION

Plaintiff Tyrell Devonte Ainsworth is barred from bringing this 42 U.S.C. § 1983 action in forma pauperis because he has filed at least three federal actions (strikes) that were dismissed as frivolous, malicious, or on grounds that they failed to state a claim for relief. He was ordered to show cause why pauper status should not be barred, but he has not disputed the legitimacy of the three strikes and he has not shown that he was under imminent danger of serious physical injury at the time he filed his complaint. Accordingly, Ainsworth’s IFP status is REVOKED and this federal civil rights action is DISMISSED without prejudice to Ainsworth bringing his claims in a new paid complaint.

BACKGROUND

Ainsworth, a state prisoner and frequent litigant in federal court, filed this federal civil rights action under 42 U.S.C. § 1983, in which he alleges that prison guards at Salinas Valley State Prison violated his constitutional rights. (Dkt. No. 1.) He also filed a motion to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915, which was granted. (Dkt. Nos. 2 and 9.) However, it came to the Court’s attention that he may not be eligible to proceed IFP. Accordingly, he…