(PC) Roberts v. Senior Accounting

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID ROBERTS, Case No. 1:21-cv-00700-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION TO

v. PROCEED IN FORMA PAUPERIS AND

DISMISS ACTION WITHOUT PREJUDICE

SENIOR ACCOUNTING, et al., (Doc. 2) Defendants. 14-DAY DEADLINE 16 Clerk of the Court to Assign a District Judge

Before the Court is Plaintiff’s application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Because Plaintiff has more than three “strikes” under section 1915(g) and fails to show that he is in imminent danger of serious physical injury, the Court recommends that his application be denied and this action be dismissed. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides, “[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or…