Allison
(PC) Garland v. Allison
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAUN DARNELL GARLAND, No. 2:21-CV-0796-DAD-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion, ECF No. 57, to revoke Plaintiff’s in forma pauperis status and Defendants’ request for judicial notice, ECF No. 58, in support thereof. The Prison Litigation Reform Act’s (PLRA) “three strikes” provision, found at 28 U.S.C. § 1915(g), provides as follows:
In no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on three or more prior occasions, while incarcerated or detained . . ., brought an action . . . in a court of the United States that was dismissed on the ground that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,…