(PC) Stuckey v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE KENNETH STUCKEY, JR., Case No. 2:20-cv-00834-TLN-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION TO

v. REVOKE PLAINTIFF’S IN FORMA

PAUPERIS STATUS BE GRANTED

STATE OF CALIFORNIA, et al., ECF No. 30 Defendants.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS 17 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis. The court previously notified plaintiff that his first amended complaint stated Eighth and First Amendment claims against some defendants but that his remaining claims were not cognizable. After plaintiff elected to proceed only with his cognizable claims, service was initiated on defendants Dobie, Pinhiero, and Roy. Defendants subsequently appeared and filed an answer to the complaint. They now move to revoke plaintiff’s in forma pauperis status, arguing that he is a “three striker” under the Prison Litigation Reform Act (“PLRA”). I…