C.

(PC) Harris v. C.

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20211:21-cv-01684California807 words

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…

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