McElroy

McElroy v. McLean

Good Law
United States District Court, Northern District of CaliforniaMay 13, 20204:20-cv-01900California932 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LATWAHN J. MCELROY, Case No. 20-cv-01900-PJH

Plaintiff,

ORDER TO SHOW CAUSE

v. 9 Re: Dkt. No. 6 MAUREEN MCLEAN, et al., Defendants.

12 This is a civil rights case brought pro se by a prisoner. Plaintiff has also filed a motion to proceed in forma pauperis. Court records indicate that plaintiff has filed at least three prior cases that were dismissed as frivolous, malicious, or for failure to state a claim. This would prevent plaintiff from proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(g). Legal Standard The Prison Litigation Reform Act of 1995 (“PLRA”), enacted April 26, 1996, provides that a prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 “if the prisoner has, on three 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 …

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