Howze
Howze v. Frisk
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JOHNNY L. HOWZE,
Case No. 23-cv-00125-RS (PR) Plaintiff, 8 v. ORDER TO SHOW CAUSE WHY PAUPER STATUS IS NOT BARRED
J. FRISK,
10 Defendant.
12 Plaintiff is ordered to show cause on or before October 2, 2023 why 28 U.S.C. § 1915(g) does not bar pauper status for him. If plaintiff fails to show cause or pay the full filing fee of $402.00 by that date, this federal civil rights action will be dismissed. Plaintiff, a state prisoner and frequent litigant in federal court, has filed a pro se civil rights complaint under 42 U.S.C. § 1983 and a motion to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Plaintiff may not be entitled to proceed IFP — he has at least three prior suits that qualify as strikes under the statute and his allegations of imminent danger are insufficient. The Prison Litigation Reform Act of 1995 provides that a prisoner may not bring a civil action or appeal a civil judgment…