Pfeiffer

I. BACKGROUND

20 Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se with this civil 21 rights action pursuant to 42 U.S.C. § 1983. On December 28, 2020, Plaintiff filed the Complaint 22 commencing this action. (ECF No. 1.) Plaintiff did not submit an application to proceed in 23 forma pauperis pursuant to 28 U.S.C § 1915(g), or pay the $402.00 filing fee for this action.

II. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g)

25 28 U.S.C. § 1915 governs proceedings in forma pauperis. Section 1915(g) provides that 26 “[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 27 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal 28 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”). …