Powell

(PC) Harper v. Powell

Good Law
United States District Court, Eastern District of CaliforniaApril 22, 20241:24-cv-00456California1,402 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL HARPER, Case No.: 1:24-cv-00456-SKO 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S APPLICATION TO

13 v. PROCEED IN FORMA PAUPERIS

14 B. POWELL, et al., (Doc. 2)

15 Defendants. 14-DAY OBJECTION PERIOD

16 Clerk of the Court to Assign District Judge

17

18 Plaintiff Daniel Harper is proceeding pro se in this civil rights action pursuant to 42 19 U.S.C. § 1983. On April 17, 2024, Plaintiff filed an Application to Proceed In Forma Pauperis by 20 a Prisoner. (Doc. 2.) Because Plaintiff has three or more “strikes” under section 28 U.S.C. § 1915 21 and fails to show that he is under imminent danger of serious physical injury, the Court will 22 recommend that his motion be denied. 23 I. THREE-STRIKES PROVISION OF 28 U.S.C. § 1915 24 28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides that “[i]n 25 no event shall a prisoner bring a civil action . . . under…

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