Hosey

I. BACKGROUND

24 Edward Vincent Ray, Jr. (“Plaintiff”) is a state prisoner proceeding pro se with this civil 25 rights action pursuant to 42 U.S.C. § 1983. On August 4, 2020, Plaintiff filed the Complaint 26 commencing this action together with a motion to proceed in forma pauperis pursuant to 28 27 U.S.C. § 1915. (ECF Nos. 1, 2.) On August 10, 2020, the court granted Plaintiff’s motion to 28 proceed in forma pauperis with this case. (ECF No. 5.) 1 II. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g) 2 28 U.S.C. § 1915 governs proceedings in forma pauperis. Section 1915(g) provides that 3 “[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 4 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal 5 in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, 6 or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent 7 danger of serious physical injury.” 8 “This subdivision is commonly known as the ‘three strikes’ provision.” Andrews v. King, 9 398 F.3d 1113, 1116 n.1 (9th Cir.…