Pierce

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONRELL D. MURPHY No. 2: 21-cv-1789 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. PIERCE, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel and with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to revoke plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915(g) ,which is fully briefed. For the reasons stated herein, the undersigned recommends that defendants’ motion be denied. Background At the time plaintiff filed this action on September 28, 2021, plaintiff was housed at the California Correctional Institution in Tehachapi, California. In his original complaint, plaintiff alleged defendants Pierce, Lopez and Lebeck used excessive force on plaintiff on February 21, 2020, while plaintiff was housed at California State Prison, Sacramento, and alleged defendant Pierce was deliberately indifferent to plaintiff’s…