Ehlers
(PC) Ruiz v. Ehlers
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ROGELIO MAY RUIZ, Case No. 2:21-cv-00146-JAM-JDP (PC) Plaintiff, ORDER TO SHOW CAUSE WHY
PLAINTIFF’S APPLICATION TO
v. PROCEED IN FORMA PAUPERIS
SHOULDN’T BE DENIED BECAUSE OF
R. EHLERS, HIS STATUS AS A “THREE-STRIKER” Defendant. THIRTY-DAY DEADLINE 15 16 Plaintiff Rogelio May Ruiz is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He has filed an application to proceed in forma pauperis. ECF No. 2. No prisoner may proceed in forma pauperis in a civil action if they have previously had three actions dismissed as frivolous, malicious, or for failure to state a claim. 28 U.S.C. § 1915(g). Plaintiff has had three cases dismissed for failure to state a claim or as frivolous: (1) Ruiz v. Curry, No. 1:17-cv-1407-DAD-SKO at ECF No. 35 (failure to state a claim); (2) Ruiz v. Curry, No. 1:17-cv-1454-DAD-SAB at ECF No. 19 (failure to…