Hamilton
Hamilton v. Davis
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…