Spearman
Spearman v. Chiu
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…