(PC) Wilson v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID W. WILSON, No. 2:16-CV-1547-MCE-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL C. SMITH, 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 are defendants’ motion to revoke plaintiff’s in forma pauperis status (ECF No. 27) and defendants’ motion to strike plaintiff’s counterclaim (ECF No. 35). 21 DISCUSSION A. Motion to Revoke Plaintiff’s In Forma Pauperis Status 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,…