Daram

(PC) Cox v. Daram

Good Law
United States District Court, Eastern District of CaliforniaJuly 14, 20232:21-cv-01778California1,303 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE COX, JR., Case No. 2:21-cv-01778-DJC-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS VASUKI DARAM, et al., Defendants. 16 17 Plaintiff is a state inmate proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. Defendants move to revoke plaintiff’s in forma pauperis status on the ground that he is a “three-striker” within the meaning of 28 U.S.C. § 1915(g) and that he is no longer under “imminent danger” because he has been transferred to another prison. ECF No. 22. Plaintiff opposes the motion. ECF No. 25. For the reasons explained below, I will recommend that defendants’ motion be denied. The Prison Litigation Reform Act of 1995 took effect on April 26, 1996. It provides that a prisoner may not bring a civil action or appeal a judgment in a civil action or proceeding under 28 U.S.C. § 1915 (i.e., may not proceed in forma pauperis) “if the prisoner has, on three…

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