CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN DUNIGAN, No. 2:19-cv-2501 WBS AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CDCR, et al., Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On December 20, 2019, the undersigned filed findings and recommendations that recommended plaintiff’s motion to proceed in forma pauperis be denied on the ground that plaintiff had accrued three strikes under 28 U.S.C. § 1915(g). ECF No. 5. Plaintiff has objected to the findings and recommendations on the ground that one of the cases identified, Dunigan v. California Department of Corrections, E.D. Cal. No. 2:01-cv-1591 WBS JFM, is not a strike because he was not incarcerated at the time he filed the complaint in that case. ECF No. 7 at 1-2. He does not raise any objections related to the other two cases identified as strikes or to the finding that he failed to allege facts demonstrating…