(PC) Perryman v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PERRYMAN, No. 2:21-cv-2054 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JEFF LYNCH, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 2. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, plaintiff will be declared a three-strike litigant within the meaning of 28 U.S.C. § 1915(g). Accordingly, it will be recommended that plaintiff’s motion to proceed in forma pauperis be denied and that plaintiff be ordered to pay the filing fee in full prior to proceeding any further with this action. //// //// //// //// I. THREE STRIKES RULE: 28 U.S.C. § 1915(g) 28 U.S.C. § 1915(g) states: In no event shall a…