Park

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ELIJAH LEE MILLER, No. 2:22-cv-01570-EFB (PC) 11 Plaintiff, 12 v. ORDER 13 C. PARK, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. In addition to filing a complaint, he has filed an application for leave to proceed 18 in forma pauperis. 19 Application to Proceed In Forma Pauperis 20 Plaintiff’s application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2). 21 However, court records reflect that on at least three prior occasions, plaintiff has brought actions 22 while incarcerated that were dismissed as frivolous, malicious, or for failure to state a claim upon 23 which relief may be granted, meaning that he is a three-strikes litigant for purposes of 28 U.S.C. 24 § 1915(g). See (1) Miller v. California, 2:21-cv-00650-JAM-DMC (E.D. Cal.) (dismissed 25 October 14, 2021 for failure to state a claim because of the rule announced in Heck v.…