(PC) McCoy v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD L. MCCOY, No. 1:22-cv-00789-ADA-BAM (PC) Plaintiff, ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
v. FEE AND FAILURE TO OBEY COURT
ORDER
UNITED STATES, et al., (ECF No. 7) Defendants.
16 Plaintiff Reginald L. McCoy is a federal prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1346(b). On June 28, 2022, the assigned Magistrate Judge issued findings and recommendations suggesting that Plaintiff’s application to proceed in forma pauperis be denied because: (1) he is subject to the “three strikes” bar under 28 U.S.C. § 1915(g); and (2) the allegations in Plaintiff’s complaint do not satisfy the “imminent danger of serious physical injury” exception to section 1915(g). (ECF No. 5.) The Magistrate Judge also recommended that Plaintiff be ordered to pay the required $402.00 filing fee in order to proceed with this action. (Id.…