CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 2:21-cv-1236 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants.

17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

U.S.C. § 1983.

I. Three Strikes Analysis

20 Plaintiff has not yet submitted an application to proceed in forma pauperis in this case or 21 paid the required filing fee of $350.00 plus the $52.00 administrative fee. However, as explained 22 below, plaintiff will not be given the opportunity to submit an application to proceed in forma 23 pauperis because he has accrued at least three strikes under 28 U.S.C. § 1915(g) and he has not 24 shown that he is under imminent danger of serious physical injury. Accordingly, the court will 25 recommend that plaintiff be required to pay the $402.00 in required fees or suffer dismissal of the 26 complaint. 27 //// 28 The Prison Litigation Reform Act of 1995 (PLRA) permits any…