Phillip

(PC) Lewis v. Phillip

Good Law
United States District Court, Eastern District of CaliforniaJanuary 19, 20241:23-cv-01715California421 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL DIXON LEWIS, Case No. 1:23-cv-01715 JLT CDB (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. PLAINTIFF’S APPLICATION TO PROCEED

IN FORMA PAUPERIS

B. PHILLIP, et al.,

Defendants. (Docs. 2, 8)

17 Paul Dixon Lewis seeks to proceed in forma paupers in this civil rights action. (Doc. 2.) The assigned magistrate judge found Plaintiff is subject to the three-strikes bar of 28 U.S.C. § 1915(g) based on three cases previously filed by Plaintiff that were either dismissed for failure to state a claim or barred under Heck v. Humphrey, 512 U.S. 477 (1994)). (Doc. 8 at 2.) The magistrate judge also found Plaintiff fails to allege facts supporting a conclusion that he is in imminent danger of serious physical injury that would trigger an exception to Section 1915. (Id. at 3.) Therefore, the magistrate judge recommended Plaintiff’s motion to proceed in forma pauperis be denied and that…

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