Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLTON DWAYNE FIELDS, No. 2:21-cv-0548-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CDCR, et al., Defendants. 16 Plaintiff, a state prisoner proceeding without counsel in this action brought pursuant to 42 U.S.C. § 1983, has both paid the filing fee and sought leave to proceed in forma pauperis (ECF No. 2). As discussed below, the court recommends that plaintiff’s in forma pauperis application be denied. Further, upon screening, the complaint must be dismissed with leave to amend. Application to Proceed in Forma Pauperis Plaintiff has paid the filing fee but also seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). 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…