Pfeiffer
(PC) Martinez v. Pfeiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No. 1:20-cv-00998-SKO (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO REVOKE PLAINTIFF’S IN FORMA
v. PAUPERIS STATUS
C. PFEIFFER, 14-DAY DEADLINE
Defendant. Clerk of the Court to Assign a District Judge
Plaintiff Ricardo Martinez, a state prisoner proceeding pro se, initiated this action on July 20, 2020. (Doc. 1.) On July 27, 2020, the Court granted Plaintiff’s motion to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915. (Doc. 7.) Because Plaintiff accrued more than three “strikes” under section 1915(g) prior to initiating this action, and fails to show that he was in imminent danger of serious physical injury at the time he filed suit, the Court recommends that Plaintiff’s IFP status be revoked. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides, “[i]n no event shall a…