(PC) Johnson v. Harmon
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SEDRIC EUGENE JOHNSON, Case No. 1:20-cv-00591-JLT (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO GRANT DEFENDANTS’ MOTION TO
v. REVOKE PLAINTIFF’S IN FORMA
PAUPERIS STATUS
HARMON, et al., (Doc. 23) Defendants. 14-DAY DEADLINE 16 Defendants have filed a motion to revoke Plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915. (Doc. 23.) Plaintiff filed a response in opposition, and Defendants filed a reply. (Docs. 27, 28.) Because Plaintiff has three “strikes” under section 1915(g) and fails to show that he is in imminent danger of serious physical injury, the Court recommends that Defendant’s motion be GRANTED, Plaintiff’s in forma status revoked, and the case be DISMISSED without prejudice for refiling with payment of the required $402 filing fee. 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…