Grubb

(PC) Driver v. Grubb

Good Law
United States District Court, Eastern District of CaliforniaJune 16, 20232:23-cv-00209California882 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 BILLY DRIVER, JR., Case No. 2:23-cv-00209-DAD-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. GRUBB, et al., Defendants. 14 15 16 17 18 As I noted in my previous order, plaintiff, who seeks to proceed in forma pauperis, is 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 Driver v. U.S. Special Master, No. 1:17-cv-0202-DAD-BAM, at ECF Nos. 7 & 9.1 Plaintiff does not dispute that he is a three-striker but alleges that he should be allowed to proceed in forma pauperis because he is in imminent danger of serious physical injury. ECF No. 10 at 1. The allegations in his complaint are inadequate to make this showing. Accordingly, I recommend 26 1 In that case, the magistrate judge found that plaintiff had filed three cases dismissed for failure to state a claim: (1) Driver v. Martel, Case No.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.