Boulware

(PC) Rice v. Boulware

Good Law
United States District Court, Eastern District of CaliforniaMarch 27, 20232:20-cv-01752California1,323 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROYLAND RICE, No. 2:20-CV-1752-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS A.W. BOULWARE, et al., Defendants. 16 Plaintiff, a federal prisoner proceeding pro se, brings this civil rights action pursuant to Bivins v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Pending before the Court is Defendants’ motion to revoke Plaintiff’s in forma pauperis status under the “three strikes” provision of the Prison Litigation Reform Act (PLRA). See ECF No. 28. The PLRA’s “three strikes” provision, found at 28 U.S.C. § 1915(g), provides as follows: In no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on three or more prior occasions, while incarcerated or detained . . ., brought an action . . . in a court of the United States that was dismissed on the ground that it is frivolous, malicious, or fails to state a claim upon which relief…

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