(PC) Barnes v. Lavorato, Jr

Good Law
United States District Court, Eastern District of CaliforniaMay 25, 20232:23-cv-00534California563 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTOINE DESHAWN BARNES, No. 2:23-cv-0534-DJC-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS SAM LAVORATO, Jr., et al., Defendants. 15 Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights complaint. ECF No. 1. He seeks leave to proceed in forma pauperis (“IFP”). See 28 U.S.C. § 1915(a). For the reasons stated below, the court finds that plaintiff has not demonstrated he is eligible to proceed in forma pauperis. A prisoner may not proceed in forma pauperis:

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 grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

24 28 U.S.C. § 1915(g). A review of court records reveals that it was…

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