(PC) Miles v. Garland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE MILES, SR., No. 2:19-cv-01881-MCE-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DANIEL GARLAND, et al., Defendants. 16 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this federal civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendants’ motion to revoke plaintiff’s in forma pauperis status on the ground that the dismissals of at least three prior actions filed by plaintiff qualify as “strikes” against him pursuant to 28 U.S.C. § 1915(g). ECF No. 61. Plaintiff was sua sponte granted an extension of time to file an opposition to the motion, but failed to do so. ECF No. 65. The time to file an opposition has expired. Therefore, the matter is deemed submitted. For the reasons outlined below, the court recommends denying defendants’ motion to revoke plaintiff’s IFP status. I. Factual and Procedural Background …