C.
(PC) Harris v. C.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARVIN HARRIS, Case No. 1:21-cv-01684-SKO (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DENY PLAINTIFF’S MOTION TO
v. PROCEED IN FORMA PAUPERIS
THERESA C., et al., (Doc. 3)
Defendants. 14-DAY DEADLINE
Clerk of the Court to Assign a District Judge
17 Plaintiff Marvin Harris, a state prisoner, has filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 3.) Because Plaintiff has accrued more than three “strikes” under section 1915 and fails to show that he is under imminent danger of serious physical injury, the Court recommends that his motion be denied. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides that “[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…