Chefalo

I. BACKGROUND

22 Edward Vincent Ray, Jr. (“Plaintiff”) is a state prisoner proceeding pro se with this civil 23 rights action pursuant to 42 U.S.C. § 1983. On October 27, 2020, Plaintiff filed the Complaint 24 commencing this action, together with a motion to proceed in forma pauperis pursuant to 28 25 U.S.C. § 1915. (ECF No. 1, 2.) 26

II. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g)

27 28 U.S.C. § 1915 governs proceedings in forma pauperis. Section 1915(g) provides that 28 “[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 1 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal 2 in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, 3 or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent 4 danger of serious physical injury.” 5 “This subdivision is commonly known as the ‘three strikes’ provision.” Andrews v. King, 6 398 F.3d 1113, 1116 n.1 (9th Cir. 2005) (hereafter “Andrews”). “Pursuant to § 1915(g), a 7 prisoner with three strikes or more cannot proceed IFP [or in…