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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 THOMAS JOSEPH MELGER, Case No. 2:23-cv-00603-JDP (PC) Plaintiff, ORDER AND FINDINGS AND

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v. GAVIN NEWSOM, et al., Defendants. 14 15 16 17 18 Plaintiff has filed a complaint, ECF No. 1, and a request to proceed in forma pauperis, ECF No. 2. He is, however, a “three-striker” within the meaning of Title 28 U.S.C. § 1915(g). He has, in other words, filed three cases that have been dismissed for failure to state a claim. Plaintiff was identified as a three-striker in Melger v. Sacramento Sheriff Department, No. 2:21- cv-01611-WBS-AC, at ECF Nos. 5 & 8. Plaintiff might still be eligible to proceed in forma pauperis if his complaint made a showing of imminent physical danger. The allegations in his 25 1 In that case, Judge Claire found that plaintiff had filed three cases dismissed for failure 26 to state a claim: (1) Melger v. Wesp, Case No. 2:16-cv-01103-KJN (E.D. Cal.); (2) Melger v. Obama, Case No. 2:16-cv-01527-AC (E.D. Cal.); and (3)…