Cates

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELVIN JOSEPH SIMMONS, 1:23-cv-00856-GSA-PC

ORDER FOR CLERK OF COURT TO Plaintiff, RANDOMLY ASSIGN A UNITED STATES DISTRICT JUDGE TO THIS CASE vs. AND CATES, et al., FINDINGS AND RECOMMENDATIONS, Defendants. RECOMMENDING THAT PLAINTIFF BE DENIED LEAVE TO PROCEED IN

FORMA PAUPERIS UNDER 28 U.S.C. §

1915(g), AND THAT THIS CASE BE

DISMISSED, WITHOUT PREJUDICE TO

REFILING WITH SUBMISSION OF $420.

FILING FEE IN FULL

OBJECTIONS, IF ANY, DUE ON OR

BEFORE JUNE 27, 2023

21 I. BACKGROUND Melvin Joseph Simmons (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On June 5, 2023, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) II. THREE-STRIKES PROVISION OF 28 U.S.C. §…