Osman
(PC) Diaz v. Osman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, Case No. 2:23-cv-1449-DAD-JDP (P) Plaintiff, v. ORDER M. OSMAN, et al., Defendants. 16 17 Plaintiff has filed an amended complaint, ECF No. 29, and three applications to proceed in forma pauperis, ECF Nos. 31, 32, & 35. He is, however, a “three-striker” within the meaning of Title 28 U.S.C. § 1915(g). Plaintiff has had at least three cases dismissed for failure to state a claim upon which relief can be granted: (1) Diaz v. Diaz, et al., No. 1:13-cv-0453-SKO (E.D. Cal. Jul. 28, 2014) at ECF No. 29; (2) Diaz v. Vasquez, et al., No. 1:12-cv-0732-SAB (E.D. Cal. Feb. 25, 2013) at ECF No. 23; (3) Diaz v. Diaz, No. 1:12-cv-1296-AWI-SAB (E.D. Cal. Sept. 4, 2014) at ECF No. 41. Plaintiff might still be eligible to proceed in forma pauperis if his complaint made a showing of imminent physical danger, but it does not. He alleges that “wound care” for his foot in June through August 2023 was inadequate. ECF…