Mueller

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR, No. 2:23-cv-01233-DAD-KJN (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

KIMBERLY J. MUELLER, et al., MOTION TO PROCEED IN FORMA

PAUPERIS

Defendant. (Doc. Nos. 2, 10) 16 Plaintiff Billy Driver, Jr. is a state prisoner proceeding pro se in this civil rights action pursuant to 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 July 28, 2023, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s application to proceed in forma pauperis (Doc. No. 2) be denied because: (1) he is subject to the three strikes bar under 28 U.S.C. § 1915(g); and (2) the allegations of plaintiff’s complaint do not satisfy the “imminent danger of serious physical injury” exception to § 1915(g). (Doc. No. 10); see Andrews v. Cervantes, 493 F.3d 1047, 1051−55 (9th Cir.…