Meritt

I. BACKGROUND

21 On April 18, 2022, Plaintiff filed this action in the United States District Court for the 22 Northern District of California. (Doc. 1.) The action was transferred to this Court on April 19, 23 2022. (Docs. 5, 6.) 24 On April 26, 2022, Plaintiff was ordered to submit an application to proceed in forma 25 pauperis (IFP) or to pay the filing fee. (Doc. 9.) He was given thirty days within which to file the 26 IFP application or to pay the filing fee. (Id.) 27 On May 2, 2022, Plaintiff filed his application to proceed IFP. (Doc. 10.) II. DISCUSSION Plaintiff is subject to 28 U.S.C. § 1915, which 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 facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Because Plaintiff has accrued three “strikes” under section…