Edward Ray, Jr. v. E. Lara

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDWARD VINCENT RAY, JR., No. 19-17093 Plaintiff-Appellant, D.C. No. v. 5:19-cv-01298-EJD

E. LARA,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted December 7, 2021 San Francisco, California

Filed April 11, 2022

Before: Carlos F. Lucero, * Sandra S. Ikuta, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Lucero

* The Honorable Carlos F. Lucero, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY **

Prisoner Civil Rights

The panel affirmed the district court’s denial of a state prisoner’s motion to proceed in forma pauperis in an action brought pursuant to 42 U.S.C. § 1983 alleging unlawful mail tampering.

The district court determined sua sponte that plaintiff was barred from proceeding in forma pauperis (IFP) under the “three-strikes” provision of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g), and…