Thomas Joseph Melger v. Sacramento Police Department, et al.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 THOMAS JOSEPH MELGER, No. 2:25-cv-02566 SCR P Plaintiff, v. ORDER SACRAMENTO POLICE DEPARTMENT, et al., 14 Defendants. 15 16 Plaintiff is incarcerated in state prison and proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff has not paid the filing fee for this action or sought leave to proceed in forma pauperis. Typically, the undersigned would provide plaintiff the opportunity to submit a motion to proceed in forma pauperis. However, a review of court records shows that plaintiff has been determined to be a three strikes litigant. See Melger v. Sacramento Sheriff Department, No. 2:21- cv-1611 WBS AC (E.D. Cal. Oct. 6, 2021). Based on this finding, plaintiff is precluded from proceeding without payment of the filing fee unless he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). The exception in § 1915(g) applies “if the complaint makes a plausible allegation that the 27 …