McElroy

McElroy v. McLean

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

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LATWAHN J. MCELROY, Case No. 20-cv-01900-PJH

8 Plaintiff,

ORDER TO SHOW CAUSE

v. 9 Re: Dkt. No. 6 10 MAUREEN MCLEAN, et al., Defendants. 11

12 13 This is a civil rights case brought pro se by a prisoner. Plaintiff has also filed a 14 motion to proceed in forma pauperis. Court records indicate that plaintiff has filed at least 15 three prior cases that were dismissed as frivolous, malicious, or for failure to state a 16 claim. This would prevent plaintiff from proceeding in forma pauperis pursuant to 28 17 U.S.C. § 1915(g). 18 Legal Standard 19 The Prison Litigation Reform Act of 1995 (“PLRA”), enacted April 26, 1996, 20 provides that a prisoner may not bring a civil action or appeal a civil judgment under 28 21 U.S.C. § 1915 “if the prisoner has, on three or more prior occasions, while incarcerated or 22 detained in any facility, brought an action or appeal in a court of the United States that 23 was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon 24 …

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