Magee

Magee v. Cantil-Sakauye

Good Law
United States District Court, Northern District of CaliforniaJuly 19, 20213:21-cv-05432California940 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 RUCHELL C. MAGEE, Case No. 21-cv-05432-WHO (PR)

Plaintiff,

ORDER TO SHOW CAUSE

v.

CANTIL-SAKAUYE, et al., Defendants.

9 Plaintiff Ruchell Cinque Magee, 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. Magee is ordered to show cause on or before September 1, 2021 why 28 U.S.C. § 1915(g) does not bar pauper status in this action. 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. § 1915(g). Relying on the statute’s command…

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