Hicks

Hicks v. Yeh

Good Law
United States District Court, Northern District of CaliforniaAugust 8, 20233:22-cv-06865California1,616 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 MICHAEL J. HICKS, Case No. 22-cv-06865-AMO (PR)

Plaintiff, ORDER OF DISMISSAL WITHOUT

PREJUDICE

v.

MICHAEL YEH, et al.,

Defendants.

14 The instant action was opened on November 4, 2022, when plaintiff, a state prisoner currently incarcerated at Salinas Valley State Prison (“SVSP”), filed a pro se civil rights complaint under 42 U.S.C. § 1983, alleging Defendants’ deliberate indifference to his medical needs. Dkt. 1. Plaintiff filed a request for leave to proceed in forma pauperis (“IFP”) but conceded that he is three strikes barred and cannot proceed IFP pursuant to 28 U.S.C. § 1915(g),1 unless he is under imminent danger of serious physical injury. Dkt. 2. On January 11, 2023, the Honorable Judge James Donato issued an Order to Show Cause and directed plaintiff to “show cause within twenty-eight (28) days, why this case should not be deemed three strikes barred and the application to proceed [IFP] denied and why this case should…

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