Villa

(PC) Ruiz v. Villa

Good Law
United States District Court, Eastern District of CaliforniaJuly 1, 20201:20-cv-00480California836 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, Case No. 1:20-cv-00480-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO REVOKE PLAINTIFF’S IN FORMA

PAUPERIS STATUS

VILLA, 14-DAY DEADLINE Defendant. Clerk of the Court to Assign a District Judge

Plaintiff Rogelio May Ruiz, a state prisoner proceeding pro se, initiated this action on April 3, 2020. (Doc. 1.) On April 8, 2020, the Court granted Plaintiff’s application to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915. (Doc. 7.) Because Plaintiff accrued three “strikes” under section 1915(g) prior to initiating this action and fails to show that he was in imminent danger of serious physical injury at the time he filed suit, the Court recommends that Plaintiff’s IFP status be revoked. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides, “[i]n no event shall a prisoner bring a civil action … under this…

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