Pfeiffer

(PC) Martinez v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20211:20-cv-00998California851 words

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…

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