ORDER OF DISMISSAL
CHARLES R. BREYER, District Judge.
Plaintiff, a prisoner at Salinas Valley State Prison and frequent litigant in federal court, filed a pro se complaint under 42 U.S.C. § 1983 challenging a disciplinary finding that resulted in his losing "privileges and out of cell time." Compl. (ECF No. 1) at 3. He also claims retaliation for filing inmate grievances and mail censorship. Plaintiff sought leave to proceed
On January 17, 2017, the court found that 28 U.S.C. § 1915(g) bars plaintiff from proceeding IFP in this action because plaintiff: (1) has had three or more prior prisoner actions dismissed by a federal court on the grounds that they are frivolous, malicious, or fail to state a claim upon which relief may be granted; and (2) is not seeking relief from a danger of serious physical injury which is imminent at the time of filing. Jan. 17, 2017 Order at 2 (citing cases).
Pursuant to the law of the circuit, plaintiff nonetheless was afforded an opportunity to persuade the court that § 1915(g) does not bar IFP status for him.
Plaintiff has responded by filing a "response/objection" (ECF No. 4) in which he argues that all but one of the prior dismissals cited by the court pre date § 1915(g) and constitute a strike. Not so. The court carefully reviewed six prior dismissals of plaintiff's and found that three were prisoner actions dismissed on the ground that they are frivolous, malicious, or fail to state a claim upon which relief may be granted — (1)
Because plaintiff has not shown that § 1915(g) does not bar IFP status for him in this prison action, this prisoner action is DISMISSED without prejudice to plaintiff bringing it in a paid complaint.