Kahlon

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JAMES HICKS, No. 2:23-cv-2830 KJM CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 P. KAHLON, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding 18 was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 19 Plaintiff has requested leave to proceed in forma pauperis. It has already been determined 20 by the Ninth Circuit that plaintiff has “struck out” under 28 U.S.C. § 1915(g). Hicks v. Yeh, No. 21 23-15486 (9th Cir. May 31, 2023). Therefore, plaintiff can only proceed in forma pauperis if he 22 adequately alleges in his complaint that he is “under imminent danger of serious physical injury.” 23 28 U.S.C. § 1915(g). 24 In his December 1, 2023, complaint, plaintiff does not explicitly allege that he is “under 25 imminent danger of serious physical injury. He does complain about the treatment he has 26 received over the course of…