Mendez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ROGELIO MAY RUIZ, Case No. 2:21-cv-00860-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S APPLICATION TO

v. PROCEED IN FORMA PAUPERIS BE

DENIED BASED ON HIS STATUS AS A

JUDGE JOHN A. MENDEZ, et al., “THREE-STRIKER” Defendants. ECF No. 3 FOURTEEN DAY DEADLINE 16 Plaintiff Rogelio May Ruiz is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He has filed an application to proceed in forma pauperis. ECF No. 3. No prisoner may proceed in forma pauperis in a civil action if they have previously had three actions dismissed as frivolous, malicious, or for failure to state a claim. 28 U.S.C. § 1915(g). Plaintiff has had three cases dismissed for failure to state a claim or as frivolous: (1) Ruiz v. Curry, E.D. Cal., No. 1:17-cv-1454-DAD-SAB (failure to state a claim); (2) Ruiz v. Curry, No.…