Driver
Driver v. Internal Revenue Service, Fresno Californi
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., Case No. 1:22-cv-00118-AWI-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DENY PLAINTIFF’S MOTION FOR LEAVE
v. TO PROCEED IN FORMA PAUPERIS UNDER 28 U.S.C. § 1915 (g) THE IRS OF FRESNO, CALIFORNIA, et al, (Doc. No. 2)
FOURTEEN-DAY OBJECTION PERIOD
Defendants.
17 18 Plaintiff Billy Driver, Jr., a prisoner incarcerated at Kern Valley State Prison, initiated this action by filing a pro se prisoner civil rights complaint under 42 U.S.C. § 1983 on January 28, 2022. (Doc. No. 1, “Complaint”). Plaintiff seeks to proceed in this action in forma pauperis. (Doc. No. 2). For the reasons discussed below, the undersigned recommends the district court deny Plaintiff’s IFP motion under 28 U.S.C. § 1915(g) because Plaintiff has had at least three actions or appeals that constitute strikes, and the Complaint does not establish that Plaintiff meets the imminent danger exception.…