Evert

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VERNON WAYNE MCNEAL, No. 2:22-cv-1360 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

B. EVERT, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. ECF No. 1. For the reasons stated below, the undersigned will recommend that plaintiff’s application to proceed in forma pauperis, ECF No. 2, be denied and that plaintiff be given a final opportunity to pay the filing fee or suffer dismissal. I. Three Strikes Analysis The Prison Litigation Reform Act of 1995 (PLRA) permits any court of the United States to authorize the commencement and prosecution of any suit without prepayment of fees by a person who submits an affidavit indicating the inability to pay such fees. However, [i]n no event shall a prisoner bring a civil action or appeal a judgement in a civil action or proceeding under this section if the …