Delacruz
(PC) Allen v. Delacruz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN ALLEN, Case No. 1:22-cv-00633-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)1 A. DELACRUZ, (Doc. No. 11) Defendant.
FOURTEEN-DAY OBJECTION PERIOD
ORDER TO ASSIGN TO DISTRICT JUDGE
17 18 Plaintiff Kevin Allen, a state prisoner, initiated this action on May 26, 2022, by filing a pro se prisoner civil rights complaint under 42 U.S.C. § 1983. (Doc. No. 1, “Complaint”). Plaintiff seeks to proceed in forma pauperis. (Doc. No. 11, “IFP”). 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 dismissals that constitute strikes and the Complaint does not establish Plaintiff meets the imminent danger exception. BACKGROUND AND FACTS Plaintiff’s Complaint consists of…