Romero

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN DAMON BARTH, No. 2:19-CV-0891-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ROMERO, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is Defendants’ Motion to Revoke Plaintiff’s In Forma Pauperis (IFP) Status, ECF No. 37. Defendants argue that dismissal of Plaintiff’s prior complaints each count as a “strike” under the Prison Litigation Reform Act (PLRA). The PLRA’s “three strikes” provision, found at 28 U.S.C. § 1915(g), provides as follows:

In no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on three or more prior occasions, while incarcerated or detained . . ., brought an action . . . in a court of the United States that was dismissed on the ground that it is frivolous, malicious, or fails to state a claim upon which…