Roth

(PC) Gipbsin v. Roth

Good Law
United States District Court, Eastern District of CaliforniaJuly 30, 20202:18-cv-03164California4,791 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CLARENCE A. GIPBSIN, No. 2:18-cv-03164-CKD Plaintiff, v. ORDER AND ROTH, et al., FINDINGS AND RECOMMENDATIONS Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this federal civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendants’ motion to revoke plaintiff’s in forma pauperis status on the grounds that the dismissals of at least three prior actions filed by plaintiff qualify as “strikes” against him pursuant to 28 U.S.C. § 1915(g). Plaintiff has filed a subsequent motion to proceed in forma pauperis (“IFP”) which the court construes as an opposition to defendants’ motion. ECF No. 44. For the reasons outlined below, the court recommends that defendants’ motion be granted and that plaintiff’s IFP status be revoked. I. Factual Background In his complaint filed on December 7, 2018, plaintiff alleges that while…

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