Barth
Barth v. Mojica
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHAWN DAMON BARTH, Case No. 21-cv-02923-WHO (PR)
Plaintiff,
ORDER TO SHOW CAUSE WHY
v. PAUPER STATUS IS NOT BARRED
R. MOJICA, et al., Defendants.
12 Plaintiff Shawn Damon Barth, a state prisoner and frequent litigant in federal court, has 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. Barth is ordered to show cause on or before July 19, 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 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. §…