(PC) Dearwester v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK LEE DEARWESTER, No. 2:19-cv-0124 KJM CKD P Plaintiff, v. ORDER AND UNITED STATES OF AMERICA, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a claim for injunctive relief under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. On August 26, 2020, the court recommended that this action be dismissed for plaintiff’s failure to file an opposition to defendants’ motion to revoke plaintiff’s in forma pauperis status. On September 4, 2020, plaintiff filed a document the court construes as plaintiff’s opposition. Accordingly, the court’s August 26, 2020 findings and recommendations will be vacated and the court will address defendants’ motion. Title 28 U.S.C. § 1915(g) reads as follows: In no event shall a prisoner bring a civil action . . . [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while…