(PC) Knight v. St. Andre

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLARENCE V. KNIGHT, No. 2:23-cv-0177-DAD-SCR 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 R. ST. ANDRE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to the undersigned 19 pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1). 20 Currently pending before the court is defendant’s motion to revoke plaintiff’s in forma 21 pauperis (“IFP”) status based on the three strikes provision of the Prison Litigation Reform Act 22 (“PLRA”). ECF No. 30; 28 U.S.C. § 1915(g). The motion has been fully briefed by the parties. 23 See ECF Nos. 33, 34. For the reasons explained in further detail below, the undersigned 24 recommends denying the motion. 25 //// 26 //// 27 //// 28 //// 1 I. Factual and Procedural History 2 Plaintiff commenced this action on January 23, 2023 by filing a complaint against…