Carter

(PC) Driver v. Carter

Good Law
United States District Court, Eastern District of CaliforniaApril 18, 20252:25-cv-00479California814 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., Case No. 2:25-cv-0479-DAD-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS BENNIE F. CARTER, Defendant. 16 Plaintiff has filed a complaint, ECF No. 1, and a request to proceed in forma pauperis, ECF No. 6. However, plaintiff is a “Three-Striker” within the meaning of 28 U.S.C. § 1915(g). See Driver v. Dep’t of the Treasury IRS, No. 2:22-cv-02229-KJM-DB (E.D. Cal. July 11, 2023) (recognizing plaintiff as a “three-striker” within in the meaning of 28 U.S.C. § 1915(g)). The court takes judicial notice of the following cases constituting strikes: (1) Driver v. Martel, No. 08-cv-1910-GEB-EFB (E.D. Cal. Sept. 15, 2009) (dismissed for failure to state a claim); (2) Driver v. Kelso, No. 2:11-cv-2397-EFB (E.D. Cal. Aug. 9, 2012) (dismissed for failure to file an amended complaint after prior complaint was dismissed for failure to state a claim); (3) Driver v. Zamora, No. 2:14-cv-02170-BRO-AGR (C.D. Cal. Aug. 21,…

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