(PC) Driver v. USDC for Eastern District of California

Good Law
United States District Court, Eastern District of CaliforniaJuly 24, 20202:20-cv-01158California681 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., No. 2:20-CV-1158-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS US DISTRICT COURT FOR EASTERN DISTRICT OF CALIFORNIA, et al., 15 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 plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2). 20 DISCUSSION 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…

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