(PC) Belyew v. California Department of Corrections & Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaSeptember 29, 20211:21-cv-01374California1,310 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LISA BELYEW, Case No. 1:21-cv-01374-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION TO

v. PROCEED IN FORMA PAUPERIS

CALIFORNIA DEPARTMENT OF (Doc. 2)

CORRECTIONS & REHABILITATION,

et al., 14-DAY DEADLINE

Defendants. Clerk of Court to Assign a District Judge

17 Plaintiff moves the Court to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Because Plaintiff has three “strikes” under section 1915(g) and fails to show that she is in imminent danger of serious physical injury, the Court recommends that Plaintiff’s motion be DENIED. I. “Three-Strikes” Provision of 28 U.S.C. § 1915 28 U.S.C. § 1915 governs proceedings in forma pauperis (“IFP”). The statute provides:

In 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 detained in any…

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