Chavez
(PC) Driver v. Chavez
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, JR., No. 2:22-CV-1447-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHAVEZ, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s unopposed motion to revoke Plaintiff’s in forma pauperis status, ECF No. 39, and request for judicial notice in support thereof, ECF No. 39-1. The PLRA’s “three strikes” provision, found at 28 U.S.C. § 1915(g), provides as follows:
In no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on three or more prior occasions, while incarcerated or detained . . ., brought an action . . . in a court of the United States that was dismissed on the ground that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of…