Phillips

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARVIN HARRIS, 1:23-cv-01343-GSA-PC

ORDER FOR CLERK OF COURT TO Plaintiff, RANDOMLY ASSIGN A UNITED STATES DISTRICT JUDGE TO THIS CASE vs. AND PHILLIPS, 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 CASE WITH FILING FEE

OBJECTIONS, IF ANY, DUE ON OR

BEFORE OCTOBER 2, 2023

21 I. BACKGROUND Marvin Harris (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On September 11, 2023, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) II. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g) 28…