Stainer
(PC) Avery v. Stainer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE AVERY, No. 2:18-cv-1302 JAM AC P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
M.D. STAINER, et al.,
Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendant’s motion to revoke plaintiff’s in forma pauperis (IFP) status. ECF No. 28. I. Procedural History By order filed April 13, 2020, the undersigned granted plaintiff’s request to proceed IFP and ordered service of the complaint. ECF No. 10. After being served with the complaint, defendants filed a motion to revoke plaintiff’s IFP status. ECF No. 26. The motion is now fully briefed and ready for disposition. II. The Prison Litigation Reform Act’s Three Strikes Rule The Prison Litigation Reform Act of 1995 (PLRA) permits any court of the United States to authorize the commencement and prosecution of any suit without…