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

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, Case No.: 1:24-cv-00456-SKO Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S APPLICATION TO

v. PROCEED IN FORMA PAUPERIS

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

Defendants. 14-DAY OBJECTION PERIOD

Clerk of the Court to Assign District Judge

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

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