(PC) Evans v. Milam et al, No. 1:2020cv00070 - Document 10 (E.D. Cal. 2020)
Court Description: ORDER VACATING 3 Findings and Recommendations and Directing the Clerk's Office to Obtain a Certified Prisoner Trust Statement signed by Magistrate Judge Jeremy D. Peterson on 3/24/2020. (Jessen, A)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD A. EVANS, 11 Plaintiff, 12 v. 13 R. MILAM, et al. 14 15 16 Case No. 1:20-cv-00070-JDP ORDER VACATING FINDINGS AND RECOMMENDATIONS ECF No. 3 Defendants. ORDER DIRECTING THE CLERK’S OFFICE TO OBTAIN A CERTIFIED PRISONER TRUST STATEMENT Plaintiff Richard A. Evans is a state prisoner proceeding without counsel in this civil 17 rights action brought under 42 U.S.C. § 1983. On January 14, 2020, plaintiff filed an application 18 to proceed in forma pauperis under 28 U.S.C. § 1915. ECF No. 2. On January 27, the court 19 issued findings and recommendations, recommending that plaintiff’s application be denied under 20 the three-strikes provision of 28 U.S.C. § 1915(g). Plaintiff has since submitted numerous 21 materials in an effort to satisfy the “imminent danger” exception to § 1915(g). See ECF Nos. 6, 22 7, 8, 9. The submissions provide details on plaintiff’s allegations concerning ongoing exposure to 23 toxins and standing water. Because we now find that plaintiff has satisfied the imminent danger 24 exception, the findings and recommendations at ECF No. 3 are hereby vacated. We will decide 25 plaintiff’s application to proceed in forma pauperis when we have received a trust statement. 26 The clerk’s office is directed to issue a notice to obtain a certified prisoner trust statement. 27 28 1 1 2 IT IS SO ORDERED. 3 Dated: 4 March 24, 2020 UNITED STATES MAGISTRATE JUDGE 5 6 No. 205. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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