Phillips

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARVIN HARRIS, No. 1:23-cv-1343 JLT GSA (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART, DENYING

v. PLAINTIFF LEAVE TO PROCEED IN

FORMA PAUPERIS, AND DIRECTING

BRYAN D. PHILLIPS, et al., PLAINTIFF TO PAY THE FILING FEE

WITHIN THIRTY DAYS

Defendants. (Doc. 4) 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 13, 2023, the magistrate judge found that Plaintiff is subject to the “three- strikes” bar of 28 U.S.C. § 1915. (Doc. 4.) The magistrate judge identified four of Plaintiff’s lawsuits that the Court dismissed “on the grounds that they were frivolous or failed to state a claim upon which relief may be granted.” (Id. at 4.) The magistrate judge found also that Plaintiff did…