Prophet v. Clark et al

Filing 4

ORDER DENYING Plaintiff's 2 Motion for Leave to Proceed In Forma Pauperis, and Requiring Plaintiff to Pay $350.00 Filing Fee in Full Within Thirty Days, or Dismissal Will Occur signed by Judge Oliver W. Wanger on 7/24/2009. Filing Fee Deadline: 8/31/2009. (Sant Agata, S)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Joseph Danny Prophet ("Plaintiff"), a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 20, 2009. Plaintiff seeks leave to proceed in forma pauperis. 28 U.S.C. § 1915 governs proceedings in forma pauperis. Section 1915(g) provides that "[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." A review of the actions filed by Plaintiff reveals that Plaintiff is subject to section /// /// /// /// 1 v. KEN CLARK, et al., Defendants. (Doc. 2) / JOSEPH DANNY PROPHET, Plaintiff, CASE NO. 1:09-cv-01254-OWW DLB PC ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, AND REQUIRING PLAINTIFF TO PAY $350.00 FILING FEE IN FULL WITHIN THIRTY DAYS, OR DISMISSAL WILL OCCUR

UNITED STATES DISTRICT COURT

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1915(g) and is precluded from proceeding in forma pauperis unless Plaintiff is, at the time the complaint is filed, under imminent danger of serious physical injury.1 The Court has reviewed Plaintiff's complaint and finds that Plaintiff does not meet the imminent danger exception.2 Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Because Plaintiff has alleged no facts that support a finding that he is under imminent danger of serious physical injury, Plaintiff is ineligible to proceed in forma pauperis in this action, and must submit the appropriate filing fee in order to proceed with this action. Based on the foregoing, it is HEREBY ORDERED that: 1. 2. Plaintiff's motion for leave to proceed in forma pauperis in this action is denied; and Plaintiff shall pay the $350.00 filing fee in full within thirty (30) days from the date of service of this order or this action will be dismissed, without prejudice.

IT IS SO ORDERED. Dated: July 24, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

The Court takes judicial notice of case numbers 1:07-cv-01372 OW W DLB Prophet v. Allison Dunham, e t al. (E.D. Cal.) (dismissed on 11/21/2007 for failure to state a claim); 2:06-cv-02822 FCD EFB PC Prophet v. D e p a r tm e n t of Corrections, et al (E.D. Cal.) (dismissed on 3/19/2009 for failure to state a claim); and 1:08-cv-01748 S M S PC Prophet v. Clark et al. (E.D. Cal.) (dismissed on 02/26/2009 for failure to state a claim). Plaintiff's alleges that defendants have placed him in a mental treatment program in order to deny him a c c e s s to the courts, and have taken his property in retaliation. (Doc. 1, court record p. 3.) Plaintiff seeks, inter alia, t h e return of his property and removal from the program.
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