Quair

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID SABINO QUAIR, III, Case No. 1:21-cv-00560-NONE-SKO

Plaintiff, FINDINGS AND RECOMMENDATION TO

DISMISS WITHOUT PREJUDICE FOR

PLAINTIFF’S FAILURE TO PROSECUTE

v.

OFFICER CRU, et al.,

Defendants. _____________________________________/ 15 16 On April 2, 2021, Plaintiff David Sabino Quair, III (“Plaintiff”), a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983 (Doc. 1) and requested leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915 (“Section 1915”) (Doc. 2). On April 21, 2021, the undersigned vacated the amended order granting Plaintiff’s IFP application (see Doc. 4) and issued findings and recommendations that the IFP application be denied, because prior to filing suit, Plaintiff had accrued more than three “strike” dismissals under Section 1915(g). (Doc. 5.) Furthermore, Plaintiff’s complaint failed to show that Plaintiff was under imminent danger of serious physical…