Nieves

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMISI JERMAINE CALLOWAY, No. 2:19-cv-01792-KJM-CKD P 12 Plaintiff, 13 v. ORDER AND 14 D. NIEVES, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this federal civil 18 rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is 19 defendants’ motion to revoke plaintiff’s in forma pauperis status on the ground that the dismissals 20 of at least three prior actions filed by plaintiff qualify as “strikes” against him pursuant to 28 21 U.S.C. § 1915(g). ECF No. 25. Plaintiff has filed an opposition and defendants have filed a 22 reply. ECF Nos. 30, 31. Therefore, the matter is fully briefed. For the reasons outlined below, 23 the court recommends that defendants’ motion be granted and that plaintiff’s IFP status be 24 revoked. 25 I. Factual and Procedural Background 26 On August 27, 2019, plaintiff filed the pending complaint…