(PC) Hill v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20242:22-cv-00342California649 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CYMEYON HILL, Case No. 2:22-cv-00342-TLN-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. DENYING DEFENDANTS’ MOTION TO

REVOKE PLAINTIFF’S IN FORMA

JEFF LYNCH, et al., PAUPERIS STATUS Defendants. ECF No. 35 OBJECTIONS DUE WITHIN FOURTEEN

DAYS

18 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. Defendants move to revoke plaintiff’s in forma pauperis status on the grounds that plaintiff was recently declared a vexatious litigant and he is a “three- striker” within the meaning of 28 U.S.C. § 1915(g). ECF No. 35. Both arguments are unavailing, accordingly, I will recommend that the motion be denied. The Ninth Circuit has consistently read 28 U.S.C. § 1915(g) to limit its application to prisoners, i.e., individuals who are in custody as a result of a conviction or who are being…

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