Hubbard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, No. 2:19-cv-2350 JAM AC P Plaintiff, v. ORDER and A. HUBBARD, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff Rogelio May Ruiz is a state prisoner proceeding pro se with a civil rights complaint, an application to proceed in forma pauperis, and a request for appointment of counsel. This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, this court finds that plaintiff qualifies as a three-strikes litigant under 28 U.S.C. 1915(g) and is not entitled to the statutory exception that would permit him to proceed in forma pauperis. Therefore the undersigned recommends that plaintiff be required to pay the filing fee before his complaint is screened pursuant to 28 U.S.C. § 1915A, and denies plaintiff’s request for appointment of counsel without prejudice as premature. …