Felder

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JIMMIE EARL STEPHENS, No. 2:22-cv-01791-EFB (PC) 11 Plaintiff, 12 v. ORDER 13 M. FELDER, 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 (ECF No. 1), he has filed an application for leave 18 to proceed in forma pauperis (ECF No. 2). 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, and plaintiff concedes (see ECF No. 1 at 2), that plaintiff was 22 previously determined to have filed at least three cases that were dismissed for failure to state a 23 claim or as frivolous, meaning that plaintiff is a three-strikes litigant for purposes of 28 U.S.C. § 24 1915(g). See Stephen v. Zhang, No. 2:12-cv-630-AC-P (E.D. Cal. Apr. 19, 2012); Stephen v. 25 Hernandez, No. 08-cv-0750-BEN-BLM (S.D. Cal. June 20, 2008). 26 …