Barth

Barth v. Serintero

Good Law
United States District Court, Northern District of CaliforniaMay 21, 20213:20-cv-05137California1,295 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHAWN DAMON BARTH, Case No. 20-cv-05137-WHO (PR)

Plaintiff,

ORDER TO SHOW CAUSE WHY

v. PAUPER STATUS IS NOT BARRED

SERINTENO, et al., Defendants.

12 I dismissed plaintiff Shawn Barth’s original 42 U.S.C. § 1983 complaint with leave to amend and granted his motion to proceed in forma pauperis (IFP). (Dkt. Nos. 9 and 10.) After he filed an amended complaint, I learned that he may not be entitled to IFP status under 28 U.S.C. § 1915 because he has brought three or more lawsuits that were frivolous, malicious or failed to state a claim on which relief could be granted. Accordingly, Barth is ordered to show cause on or before July 6, 2021 why 28 U.S.C. § 1915(g) does not bar pauper status. A prisoner may not bring a civil action or appeal a civil judgment 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…

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