Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIONELL THOLMER, No. 2:20-cv-1977-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has requested leave to proceed in forma pauperis. ECF No. 2. Under Title 28 U.S.C. § 1915(g): In no event shall a prisoner bring a civil action . . . [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 21 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. 23 Court records indicate that plaintiff has previously had at least three cases dismissed for 24 failure to state a claim upon which relief may be granted. The U.S.…