Powell

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DANIEL HARPER, No. 2:24-cv-1343 AC P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

13 B. POWELL, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with this civil action and seeks leave to 17 proceed in forma pauperis under 28 U.S.C. § 1915(a). 18 I. Procedural History 19 This action was initiated in the Fresno Division of this court. After the case was filed, the 20 assigned magistrate judge issued findings and recommendations recommending that plaintiff’s 21 motion to proceed in forma pauperis be denied because plaintiff has had three or more civil 22 actions dismissed on the ground that they were frivolous, malicious, or failed to state a claim. 23 ECF No. 7. In response to the findings and recommendations, plaintiff filed a request to dismiss 24 the case so that he could re-file it in the Sacramento Division.1 ECF No. 8. Instead of dismissing 25 the case, the magistrate judge vacated the findings and…