Cota

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

9 10 ALLEN HAMMLER, Case No. 2:19-cv-01423-KJM-JDP (PC) FINDINGS AND RECOMMENDATIONS Plaintiff, THAT DEFENDANTS’ MOTION TO REVOKE PLAINTIFF’S IN FORMA

PAUPERIS STATUS BE GRANTED

v. ECF No.

E. COTA, et al.,

OBJECTIONS DUE WITHIN 14 DAYS

Defendants.

19 Plaintiff Allen Hammler is a state prisoner proceeding pro se and pursuant to 42 U.S.C. § 1983 with Eighth Amendment excessive force claims against defendants Cota and Reilly. Defendants have moved to revoke plaintiff’s in forma pauperis (“IFP”) status because he has had at least three previous lawsuits dismissed that count as strikes under the Prisoner Litigation Reform Act (“PLRA”), and he has not alleged imminent danger of serious physical injury. Plaintiff opposes this motion, arguing that two of the four cases cited by defendants do not count as strikes. I disagree. Plaintiff has been found to have three or more strikes…