(PC) Ruiz v. Ehlers ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROGELIO MAY RUIZ, Case No. 2:21-cv-00146-JAM-JDP (PC) 11 Plaintiff, ORDER TO SHOW CAUSE WHY PLAINTIFF’S APPLICATION TO 12 v. PROCEED IN FORMA PAUPERIS SHOULDN’T BE DENIED BECAUSE OF 13 R. EHLERS, HIS STATUS AS A “THREE-STRIKER” 14 Defendant. THIRTY-DAY DEADLINE 15 16 17 Plaintiff Rogelio May Ruiz is a state prisoner proceeding without counsel in this civil 18 rights action brought under 42 U.S.C. § 1983. He has filed an application to proceed in forma 19 pauperis. ECF No. 2. No prisoner may proceed in forma pauperis in a civil action if they have 20 previously had three actions dismissed as frivolous, malicious, or for failure to state a claim. 28 21 U.S.C. § 1915(g). Plaintiff has had three cases dismissed for failure to state a claim or as 22 frivolous: 23 (1) Ruiz v. Curry, No. 1:17-cv-1407-DAD-SKO at ECF No. 35 (failure to state a claim); 24 (2) Ruiz v. Curry, No. 1:17-cv-1454-DAD-SAB at ECF No. 19 (failure to state a claim); 25 (3) Ruiz v. Curry, No. 19-16456, 2019 U.S. App. LEXIS 35092 (9th Cir. 2019) (appeal 26 dismissed as frivolous). 27 Plaintiff would still be entitled to proceed in forma pauperis if his complaint alleged that 28 1 | he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). It does not. Plaintiff 2 | names one defendant, a correctional officer named R. Ehlers. ECF No. 1. Plaintiff alleges that, 3 | on October 21, 2020, Ehlers violated his rights by overtightening his restraints. 7d. at 3. Plaintiff 4 | also claims Ehlers retaliated against him for filing grievances by forcing him to walk while 5 | injured. Jd. These allegations, grounded entirely in the past, do not establish that plaintiff is in 6 | imminent danger of serious physical injury. 7 Within thirty days, plaintiff should respond to this order and show why, in spite of his 8 | “three-striker” status, he should be allowed to proceed in forma pauperis. Alternatively, he may 9 | discharge this order by submitting the 402 dollar filing fee. If plaintiff's response does not 10 | adequately justify being allowed to proceed in forma pauperis, I will recommend that his 11 | application be denied. 12 3 IT IS SO ORDERED. 14 ( 4 ie — Dated: _ March 15, 2021 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28