Barth
Barth v. Matsuno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHAWN DAMON BARTH, Case No. 21-cv-03611-WHO (PR)
Plaintiff,
ORDER OF DISMISSAL
v.
L. MATSUNO, et al., Dkt. Nos. 2, 5 and 6 Defendants.
12 INTRODUCTION Plaintiff Shawn Damon Barth is barred from bringing this action in forma pauperis because he has filed at least three federal actions that were dismissed as frivolous, malicious, or on grounds that they failed to state a claim for relief. He was ordered to show cause why pauper status should not be barred, but he has not filed any response to the order. Accordingly, this federal civil rights action is DISMISSED without prejudice to Barth bringing his claims in a new paid complaint. BACKGROUND Barth, a state prisoner and frequent litigant in federal court, 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. He was ordered to show cause why the action should not be dismissed…