Aboytes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DESHAWN MALONE, Case No. 1:19-cv-01594-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION TO

v. PROCEED IN FORMA PAUPERIS AND

DISMISS ACTION WITHOUT PREJUDICE

J. ABOYTES, (Doc. 2) Defendant. 14-DAY DEADLINE 16 Clerk of Court to Assign a District Judge

Plaintiff Deshawn Malone seeks to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. section 1915. (Doc. 2.) Because Plaintiff has three “strikes” under section 1915(g) and fails to show that he is in imminent danger of serious physical injury, the Court recommends that Plaintiff’s motion be DENIED. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 28 U.S.C. section 1915 governs proceedings in forma pauperis. The statute provides that “[i]n no event shall a prisoner bring a civil action … under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal…