Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EBER G. RUTH, Case No. 1:23-cv-00747-BAM (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN DISTRICT JUDGE TO

v. ACTION

WARDEN, et al., FINDINGS AND RECOMMENDATIONS

RECOMMENDING PLAINTIFF’S MOTION

Defendants. FOR LEAVE TO PROCEED IN FORMA

PAUPERIS BE DENIED

16 (ECF No. 2)

FOURTEEN (14) DAY DEADLINE

18 19 Plaintiff Eber G. Ruth (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on May 15, 2023, together with a motion to proceed in forma pauperis. (ECF Nos. 1, 2.) Plaintiff is subject to 28 U.S.C. § 1915(g), which provides that “[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the…