Delacruz

(PC) Allen v. Delacruz

Good Law
United States District Court, Eastern District of CaliforniaAugust 3, 20221:22-cv-00633California449 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN ALLEN, Case No. 1:22-cv-0633 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. PLAINTIFF’S MOTION TO PROCEED IN

FORMA PAUPERIS

A. DELACRUZ, (Docs. 11, 12) Defendant. 16 Kevin Allen, a prisoner, initiated this action proceeding pro se by filing a civil rights complaint against A. Delacruz. (Doc. 1.) Plaintiff also filed a motion to proceed in forma pauperis. (Doc. 11.) The magistrate judge issued Findings and Recommendations that Plaintiff’s motion to proceed IFP be denied because he has at least three cases dismissed that qualify as a “strike” under Ninth Circuit caselaw before filing his lawsuit on May 26, 2022. (Doc. 12 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…

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