Roberts

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VERNON WAYNE MCNEAL, No. 2:18-cv-2998 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERTS, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 2, 5. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)(B). For the reasons stated below, the undersigned recommends that: (1) plaintiff be declared a three strikes litigant pursuant to 28 U.S.C. § 1915(g); (2) plaintiff’s motion to proceed in forma pauperis be denied; and (3) plaintiff be ordered to pay the filing fee prior to proceeding any further with this action. I. APPLICABLE LAW A. 28 U.S.C. § 1915(g): Three Strikes Rule 28 U.S.C. § 1915(g) states: 28 In no event shall a prisoner bring a civil action or appeal a judgment…