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.)

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 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds 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.” “This subdivision is commonly known as the ‘three strikes’ provision.” Andrews v. King, 398 F.3d 1113, 1116 n.1 (9th Cir. 2005) (hereafter “Andrews”). “Pursuant to § 1915(g), a prisoner with three strikes or more cannot proceed IFP [or in…