Florence

DISCUSSION

21 A. Standard of Review 22 The Prison Litigation Reform Act of 1995 ("PLRA") provides that a prisoner may not 23 bring a civil action or appeal a civil judgment under 28 U.S.C. 1915 "if the prisoner has, on 3 or 24 more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in 25 a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or 26 fails to state a claim upon which relief may be granted, unless the prisoner is under imminent 27 “A defendant challenging a plaintiff’s IFP status bears the initial burden of showing through documentary evidence that a plaintiff had three prior strikes.” Harris v. Harris, 935 F.3d 670, 673 (9th Cir. 2019). In determining whether a prior dismissal counts as a strike, the Court “should look to the substance of the dismissed lawsuit, and not to how the district court labelled or styled the dismissal.” Id. (internal quotations marks and citation omitted). If a defendant presents a prima facie case, the burden shifts to the plaintiff to persuade the court that Section 1915(g) does not apply. Harris, 935 F.3d at 673. The…