Newsom
(PC) Abreu v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO ABREU, No. 1:21-cv-00303-NONE-SKO (PC)
Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING MOTION
v.
TO PROCEED IN FORMA PAUPERIS, AND
GAVIN NEWSOM, et al., DISMISSING ACTION WITHOUT
PREJUDICE
Defendants. (Doc. Nos. 4, 8) 16 Plaintiff Armando Abreu is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 4, 2021, the assigned magistrate judge filed findings and recommendations, recommending that plaintiff’s motion to proceed in forma pauperis (Doc. No. 4) be denied and that this action be dismissed without prejudice on grounds that plaintiff has accrued more than three prior “strike” dismissals under 28 U.S.C. § 1915(g) and the allegations in his complaint failed to show that he is under imminent danger of serious physical injury. (Doc. No.…