O'Shea
O'Shea v. Rosete
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES O’SHEA, Case No. 23-cv-03327-TLT
Plaintiff,
ORDER DENYING IN FORMA
v. PAUPERIS STATUS; DISMISSING
CASE
J. ROSETE, et al., Re: Dkt. No. 5 Defendants.
12 Plaintiff, a prisoner at the Maguire Correctional Facility in San Mateo County proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. He has requested leave to proceed in forma pauperis (IFP). ECF 5. For the reasons set forth below, plaintiff’s motion for leave to proceed IFP is DENIED under 28 U.S.C. § 1915(g). Because plaintiff fails to state a claim upon which relief can be granted, plaintiff’s complaint will be dismissed. DISCUSSION A. Three Strikes 1. Legal Standard This action is governed by the Prison Litigation Reform Act of 1996 (“PLRA”) which was enacted, and became effective, on April 26, 1996. The PLRA provides that a prisoner may not bring a civil action under 28 U.S.C. § 1915,…