Hendon v. Baroya et al
ORDER DISMISSING CASE For Failure to Pay Filing Fee; Clerk to Enter Judgment, signed by Magistrate Judge Michael J. Seng on 9/10/10: This action is DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915g. (CASE CLOSED)(Hellings, J)
(PC) Hendon v. Baroya et al
1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 / 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Section 1915(g) provides that "[i]n no event shall a prisoner bring a civil action . . . under this s e c tio n if the prisoner has, on 3 or m o r e prior occasions, while incarcerated or detained in any facility, b r o u g h t an action or appeal in a court of the United States that was dism is s e d on the grounds that it is f r iv o lo u s , m a lic io u s , or fails to state a claim upon which relief m a y be granted, unless the prisoner is under im m in e n t danger of serious physical injury." The following cases support the Court's finding that Plaintiff becam e subject to section 1915(g) p r io r to the date he filed this action: Hendon v. W itc h e r , 1:05-cv-1246-AW I- D L B (PC) (E.D. Cal., dism is s e d o n August 6, 2007); Hendon v. Rogel, 2:05-cv-1063-DFL-PAN (PC) (E.D. Cal., dism is s e d on August 28, 2 0 0 6 ) ; Hendon v. W h it e , 2:07-cv-1825-GEB-CMK (PC) (E.D. Cal., dism is s e d on February 5, 2008).
UNITED STATES DISTRICT COURT
CARLOS D. HENDON, Plaintiff, v.
ORDER DISMISSING CASE FOR FAILURE TO PAY FILING FEE CLERK TO ENTER JUDGMENT
BAROYA, et al., Defendants.
Plaintiff Carlos D. Hendon, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the Magistrate Judge handling all matters in this action. (ECF No. 11.) On July 29, 2010, the Court issued an order finding that Plaintiff was precluded from proceeding in forma pauperis in this action pursuant to 28 U.S.C. § 1915(g) and ordering Plaintiff to pay the $350.00 filing fee in full within thirty days.1 Plaintiff was warned that if he failed to pay the filing fee, this action would be dismissed. /// /// ///
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
More than thirty days have passed and Plaintiff has not paid the filing fee. Accordingly, this action is HEREBY DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915g.
IT IS SO ORDERED. Dated: ci4d6 September 10, 2010 /s/ UNITED STATES MAGISTRATE JUDGE
Michael J. Seng
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?