(PC) Ruiz v. Ehlers

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 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 R. EHLERS, HIS STATUS AS A “THREE-STRIKER” 14 Defendant. THIRTY-DAY DEADLINE 17 Plaintiff Rogelio May Ruiz is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He has filed an application to proceed in forma pauperis. ECF No. 2. No prisoner may proceed in forma pauperis in a civil action if they have 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 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 dismissed as frivolous).

27 Plaintiff would still be entitled to proceed in forma pauperis if his complaint alleged that | he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). It does not. Plaintiff | names one defendant, a correctional officer named R. Ehlers. ECF No. 1. Plaintiff alleges that, | on October 21, 2020, Ehlers violated his rights by overtightening his restraints. 7d. at 3. Plaintiff | also claims Ehlers retaliated against him for filing grievances by forcing him to walk while | injured. Jd. These allegations, grounded entirely in the past, do not establish that plaintiff is in | imminent danger of serious physical injury.

7 Within thirty days, plaintiff should respond to this order and show why, in spite of his | “three-striker” status, he should be allowed to proceed in forma pauperis. Alternatively, he may | discharge this order by submitting the 402 dollar filing fee. If plaintiff's response does not | adequately justify being allowed to proceed in forma pauperis, I will recommend that his | application be denied.

3 IT IS SO ORDERED.

14 ( 4 ie — Dated: _ March 15, 2021 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE