Can plaintiff proceed with his claim in forma pauperis?
The following excerpt is from Bontemps v. Solorzano, No. 2:18-cv-1920-KJM-EFB P (E.D. Cal. 2019):
The three actions from this district, cited above, each constitute a strike under 28 U.S.C. 1915(g). For the reasons explained in the findings and recommendations, the allegations of plaintiff's complaint do not support a finding that he "is under imminent danger of serious physical injury." ECF No. 10 at 2 (quoting 28 U.S.C. 1915(g); Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007)). For these reasons, plaintiff is barred by the provisions of 28 U.S.C. 1915(g) from proceeding with this action in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that:
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