Powell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DANIEL HARPER, No. 2:24-cv-1343 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

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