Penner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALONZO JAMES JOSEPH, No. 2:18-CV-2597-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. PENNER, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendant’s motion to revoke plaintiff’s in forma pauperis status (ECF No. 29). The PLRA’s “three strikes” provision, found at 28 U.S.C. § 1915(g), provides as follows:

In no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on three or more prior occasions, while incarcerated or detained . . ., brought an action . . . in a court of the United States that was dismissed on the ground 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. 25 Id. 26 / / / / / / Thus, when a…