Spurgeon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAUL DAVID JOHNSON, Case No. 23-cv-00327-JSW

Plaintiff, ORDER VACATING CLERK’S

NOTICE; DENYING LEAVE TO

v. PROCEED IN FORMA PAUPERIS; TO

SHOW CAUSE OR PAY FILING FEE

D. SPURGEON, et al., Defendants.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights complaint against officials at San Quentin State Prison. The Prison Litigation Reform Act of 1995 ("PLRA") provides that 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). A prisoner must be given notice of the potential applicability…