(PC) Roberts v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID NATHANIEL ROBERTS, No. 2:20-cv-1349 WBS DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LYNCH, et al., Defendants.

17 Plaintiff, a state prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights by improperly taking funds from his prison trust account and withholding his legal mail. Plaintiff filed a motion to proceed in forma pauperis, which the court granted. (ECF Nos. 2, 9.) On June 2, 2023, defendants moved to revoke plaintiff’s in forma pauperis status. (ECF No. 37.) By order dated October 4, 2023, the District Court determined that plaintiff accrued three strikes under 28 U.S.C. section 1915(g) prior to filing the instant case and had not shown he was in imminent danger of serious physical injury at the time he filed the complaint. (ECF No. 26 1 On August 24, 2023, the undersigned issued findings and recommendations recommending that 27 …