Lozano

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, No. 2:20-CV-1286-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J.D. LOZANO, 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 plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2). The Prison Litigation Reform Act’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 physical injury. 25 Id. 26 / / / / / /…