Macomber

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEENAN WILKINS, No. 2:16-CV-0475-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendants’ motion to revoke plaintiff’s in forma pauperis status (ECF No. 33) pursuant to 28 U.S.C. § 1915(g). For the reasons stated herein, the Court recommends that defendants’ motion be denied. Title 28 U.S.C. § 1915 permits any court of the United States to authorize the commencement and prosecution of any suit without prepayment of fees by a person who submits an affidavit indicating that person is unable to pay such fees. Defendants request the Court revoke plaintiff’s in forma pauperis status in accordance with the “three strikes rule,” which provides:

In no event shall a prisoner bring a civil action or appeal a judgment in a…