Renteria

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BARRY L. BROOKINS, ) Case No.: 1:21-cv-1809 JLT HBK ) Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATION DENYING PLAINTIFF’S v. ) MOTIONS TO PROCEED IN FORMA PAUPERS ) FNU RENTERIA, ) (Docs. 2, 7, 9) ) Defendant. ) ) )

The magistrate judge issued Findings and Recommendations, recommending that Plaintiff’s motions to proceed IFP be denied because Plaintiff has at least three cases dismissed that qualify as a strike under Ninth Circuit caselaw prior to filing his lawsuit on December 27, 2021. (Doc. 9 at 5-6.) Therefore, the magistrate judge found Plaintiff is subject to the three strikes bar under 28 U.S.C. § 1915(g). (Id.) The magistrate judge also found the allegations in Plaintiff’s complaint do not satisfy the “imminent danger of serious physical injury” exception to Section 1915(g), even when liberally construing Plaintiff’s complaint. (Id. at 6.) …