CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, No. 2:20-cv-1828 CKD P Plaintiff, v. ORDER AND CDCR, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has requested leave to proceed in forma pauperis. However, on September 15, 2010, in Harper v. California Department of Corrections and Rehabilitation, 2:09-cv-1969 GEB KJN P, the court found that plaintiff has “struck out” pursuant to 28 U.S.C. § 1915(g). Judgment was final in that case well before this action was initiated. Since plaintiff has struck out, he can no longer proceed in this court in forma pauperis unless he alleges in his complaint that he is “under imminent danger of serious physical injury.” Id. That is not the case here. In light of the foregoing, the court will…