Spearman

Spearman v. Chiu

Good Law
United States District Court, Northern District of CaliforniaMarch 17, 20255:24-cv-09480California1,311 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 REGINALD EDWARD SPEARMAN, Case No. 24-cv-09480-EKL

Plaintiff,

ORDER TO SHOW CAUSE

v.

CHIU, et al., Defendants.

12 Plaintiff, a detainee at Sacramento County Jail, filed a pro se civil rights complaint under 42 U.S.C. § 1983. He has applied to proceed in forma pauperis, but it appears that he is three strikes barred and cannot proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g), unless he is under imminent danger of serious physical injury. DISCUSSION Legal Standard Congress forbids a prisoner from bringing a civil action in forma pauperis under 28 U.S.C. § 1915, if the prisoner has, on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. 28…

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