Stamer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY RAY SHANEE MALDONADO, No. 2:23-cv-2274 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

B. STAMER, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s application to proceed in forma pauperis. (ECF No. 4.) For the reasons stated herein, the undersigned recommends that plaintiff’s application to proceed in forma pauperis be denied. Discussion In Forma Pauperis Statute The Prison Litigation Reform Act of 1995 (“PLRA”) permits a federal court to authorize the commencement and prosecution of any suit without prepayment of fees by a person who submits an affidavit indicating that the person is unable to pay such fees. However, [i]n no event shall a prisoner bring a civil action … [in forma pauperis] if the prisoner has, on 3 or more prior occasions,…