Beaton

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PAUL NIVARD BEATON, Case No. 1:21-cv-01575-NONE-SAB

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DECLARE PLAINTIFF TO BE A

v. THREE-STRIKE LITIGANT AND

REVOKE PLAINTIFF’S IN FORMA

INTERNAL REVENUE SERVICE, PAUPERIS STATUS UNDER 28 U.S.C. § 1915(g) Defendant.

16 17 18 19 I. BACKGROUND Paul Nivard Beaton (prisoner no. AS-1346) (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis (IFP), filed this action against the Department of Treasury, Internal Revenue Service (“IRS”) on October 25, 2021. (ECF No. 1.) Plaintiff alleges a Bivens action and violations of his rights pursuant to an “Act of Congress” and Article I of the United States Constitution. (See generally id.) Plaintiff generally complains that while he received the first Economic Impact Payment (EIP) check of $600 pursuant to the March 11, 2021 American Rescue Plan, he never received the second EIP…