(PC) Roberts v. Kern Valley State Prison

I. BACKGROUND

21 David Nathaniel Roberts (“Plaintiff”) is a state prisoner proceeding pro se and in forma 22 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On September 12, 2022, 23 Plaintiff filed the Complaint commencing this action at the Sacramento Division of the United 24 States District Court for the Eastern District of California. (ECF No. 1.) On September 29, 2022, 25 the Court granted Plaintiff’s application to proceed in forma pauperis, (ECF No. 8) and directed 26 the California Department of Corrections and Rehabilitation to deduct payments from Plaintiff’s 27 prison trust account for payment of the filing fee and forward payments to the Court, (ECF No. 28 9). On November 21, 2022, this case was transferred to the Fresno Division of the Court. (ECF No. 12.) The Court finds that Plaintiff had at least three “strikes” under 28 U.S.C. § 1915(g) prior to filing this action and that Plaintiff was not in imminent danger of serious physical injury at the time he filed this action. Therefore, the Court will recommend that Plaintiff be required to pay the $402 filing fee in full if he wants to proceed with the action. II.…