Bird

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EBER G. RUTH, Case No.: 1:23-cv-00529-CDB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S APPLICATION TO

v. PROCEED IN FORMA PAUPERIS

LANDON BIRD, et al., (Doc. 2)

Defendants. 14-DAY OBJECTION PERIOD

Clerk of the Court to Assign District Judge

17 Plaintiff Eber G. Ruth is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On April 5, 2023, Plaintiff filed an Application to Proceed In Forma Pauperis by a Prisoner. (Doc. 2.) Because Plaintiff has accrued three or more “strikes” under section 28 U.S.C. § 1915 and fails to show that he is under imminent danger of serious physical injury, the Court will recommend that his motion be denied. I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides that “[i]n no event shall a prisoner bring a civil…