Moore

(PC) Revis v. Moore

Good Law
United States District Court, Eastern District of CaliforniaOctober 29, 20211:19-cv-00034California845 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANDRE L. REVIS, Case No. 1:19-cv-00034-DAD-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION TO

v. REVOKE PLAINTIFF’S IN FORMA

PAUPERIS STATUS

J. MOORE, et al., (Doc. 40) Defendants. 21-DAY DEADLINE

Before the Court is Defendants’ motion to revoke Plaintiff’s in forma pauperis status. (Doc. 40.) Because Plaintiff accrued more than three “strikes” under 28 U.S.C. § 1915(g) prior to filing suit, and failed to show that he was under imminent danger of serious physical injury at the time he filed his complaint, the Court recommends that Defendants’ motion be granted. 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 detained in any facility, brought an action or…

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