Kelly
Kelly v. Paredes
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 JAMES CARL KELLY, Case No. 20-cv-08987-SI
Plaintiff,
ORDER TO SHOW CAUSE RE.
v. CONTEMPLATED DISMISSAL
JOSEPH PAREDES, et al., Defendants.
10 James Carl Kelly, a California prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. Kelly has applied to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The action is now before the court for consideration of Kelly’s in forma pauperis application. 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 this court…