Sheehan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT TREVINO, Case No. 2:23-cv-00235-JDP (PC) Plaintiff, ORDER AND FINDINGS AND

RECOMMENDATIONS

v. X. SHEEHAN, et al., Defendants. 16 17 18 19 20 Plaintiff brings this section 1983 case against defendants for violating his First Amendment right to be free from retaliation for protected activity. ECF No. 1 at 4. He also asks leave to proceed in forma pauperis, ECF No. 2. After review of plaintiff’s filing history, I find that he is a “three-striker” within the meaning of 28 U.S.C. § 1915(g) and can only proceed in forma pauperis if he is in imminent physical danger. His allegations do not indicate that he is, and so I recommend that his application be denied and that he be directed to tender the filing fee within twenty-one days of any order adopting these recommendations. 28 Under 28 U.S.C. § 1915(g), a prisoner plaintiff may not proceed in forma pauperis if he has filed three or more cases that have been dismissed for failure…