Hamilton

Hamilton v. Davis

Good Law
United States District Court, Northern District of CaliforniaDecember 20, 20193:19-cv-06319California891 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAUL C. HAMILTON, Case No. 19-cv-06319-EMC

Plaintiff,

ORDER TO SHOW CAUSE RE.

v. CONTEMPLATED DISMISSAL

RON DAVIS, et al., Defendants.

12 Paul C. Hamilton, a prisoner at San Quentin State Prison, has filed this pro se civil action and has applied to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. A prisoner may not bring a civil action in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Section 1915(g) requires that the court consider prisoner actions dismissed before, as well as after, the statute’s 1996 enactment. Tierney v. Kupers, 128 F.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.