Hendon v. Baroya et al

Filing 18

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)

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(PC) Hendon v. Baroya et al Doc. 18 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). 1 UNITED STATES DISTRICT COURT CARLOS D. HENDON, Plaintiff, v. CASE NO. 1:09-cv-911-MJS (PC) 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. /// /// /// Dockets.Justia.com 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 -2-

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