(PC) Hill v. Lynch
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, Case No. 2:22-cv-00342-TLN-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. DENYING DEFENDANTS’ MOTION TO
REVOKE PLAINTIFF’S IN FORMA
14 JEFF LYNCH, et al., PAUPERIS STATUS 15 Defendants. ECF No. 35 16 OBJECTIONS DUE WITHIN FOURTEEN
DAYS
17
18 19 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil rights 20 action filed under 42 U.S.C. § 1983. Defendants move to revoke plaintiff’s in forma pauperis 21 status on the grounds that plaintiff was recently declared a vexatious litigant and he is a “three- 22 striker” within the meaning of 28 U.S.C. § 1915(g). ECF No. 35. Both arguments are unavailing, 23 accordingly, I will recommend that the motion be denied. 24 The Ninth Circuit has consistently read 28 U.S.C. § 1915(g) to limit its application to 25 prisoners, i.e., individuals who are in custody as a result of a conviction or who are being…