Lizarraga

(HC) Balzarini v. Lizarraga

Good Law
United States District Court, Northern District of CaliforniaMay 8, 20203:19-cv-07661California624 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHAEL BALZARINI,

Case No. 19-cv-07661-RS (PR) Plaintiff, 12 v. ORDER OF DISMISSAL

JOE A. LIZARRAGA,

14 Defendant.

16 INTRODUCTION Plaintiff is barred from bringing this action in forma pauperis because he has filed at least three federal actions that were dismissed as frivolous, malicious, or on grounds that they failed to state a claim for relief. He was ordered to show cause why pauper status should not be barred, but he has not filed any response to that order. Accordingly, this federal civil rights action is DISMISSED without prejudice to plaintiff bringing his claims in a new paid complaint. BACKGROUND Plaintiff, a state prisoner and frequent litigant in federal court, filed this federal civil rights action under 42 U.S.C. § 1983 along with a motion to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. He was ordered to show cause why the action should not be…

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