Castro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 LATWAHN MCELROY, 1:23-cv-00559-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DENY APPLICATION TO PROCEED

IN FORMA PAUPERIS

CASTRO, et al., Defendants. (Doc. 4) Clerk of the Court to Assign District Judge 15 Plaintiff Latwahn McElroy is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On April 18, 2023, Plaintiff filed an Application to Proceed In Forma Pauperis by a Prisoner. (Doc. 4.) 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 action . . . under this section if the prisoner has,…