Cramer

Cramer v. Jones

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20201:19-cv-00161California2,040 words

Opinion

Trial Court Opinion

I. INTRODUCTION

20 Plaintiff Matthew B. Cramer, a prisoner at North Kern State Prison, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 on February 5, 2019. (Doc. 1 (“Compl.”).) Plaintiff seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915. (Doc. 2). The Prison Litigation Reform Act (“PLRA”) was enacted, and became effective, on April 26, 1996. It provides that a prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). “Section 1915(g)’s cap on prior dismissed claims applies to claims dismissed both before and after the [PLRA’s] effective date.” Tierney v. Kupers, 128 F.3d 1310, 1312 (9th Cir. 1997). The Court takes judicial notice of the following Eastern District of…

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