Covello

(PC) Rouser v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMay 15, 20232:21-cv-01396California2,341 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM ROUSER, Case No. 2:21-cv-01396-DJC-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. GYLES, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action brought under 42 U.S.C. § 1983. Plaintiff alleges that defendants Gyles and Heath, law librarians at Mule Creek State Prison, hindered his access to the courts in violation of the First Amendment when they closed the library on various occasions and curtailed his hours of access. Defendants move to revoke plaintiff’s in forma pauperis status, arguing that he accumulated “three strikes” within the meaning of 28 U.S.C. § 1915(g) prior to filing suit. ECF No. 33. I recommend that defendants’ motion be granted. Legal Standard The “Three Strikes Rule” states: In no event shall a prisoner bring a civil action or proceeding under this section if the prisoner has, on 3 or…

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