(PC) Jolivette v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL PATRICK JOLIVETTE, No. 2:21-cv-0306 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF
CALIFORNIA,
15 Defendant. 16 Plaintiff, a state prisoner, proceeds without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). For the reasons stated below, plaintiff has not demonstrated he is eligible to proceed in forma pauperis. A prisoner may not proceed in forma pauperis:
if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 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.
24 28 U.S.C. § 1915(g). Court records reflect that on at least three prior occasions, plaintiff has…