Johnson v. Lopez et al

Filing 4

ORDER DISMISSING CASE, Without Prejudice to Refiling With the Submission of the $350.00 Filing Fee, signed by Magistrate Judge Sandra M. Snyder on 12/15/2010. CASE CLOSED. (Marrujo, C)

(PC)Johnson v. Lopez et al

Doc. 4

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 Eric Johnson, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on December 2, 2010. Plaintiff neither paid the $350.00 filing fee in full nor filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Because Plaintiff is ineligible to proceed in forma pauperis in this action, it shall be dismissed, without prejudice to refiling if accompanied by the filing fee. 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." Plaintiff became subject to section /// /// /// /// 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

ERIC JOHNSON, Plaintiff, v. RAUL LOPEZ, et al., Defendants. /

CASE NO. 1:10-cv-02237-SMS PC ORDER DISMISSING ACTION, WITHOUT PREJUDICE TO REFILING WITH THE SUBMISSION OF THE $350.00 FILING FEE (Doc. 1)

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1915(g) on September 8, 2005, and he is precluded from proceeding in forma pauperis unless he 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). Therefore, Plaintiff is ineligible to proceed in forma pauperis in this action and he must submit the filing fee to proceed. Accordingly, this action is HEREBY DISMISSED, without prejudice to refiling with the submission of the $350.00 filing fee.

IT IS SO ORDERED. Dated: icido3 December 15, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

The Court takes judicial notice of case numbers 2:94-cv-01616-DFL-GGH PC Johnson v. State of C a lifo r n ia , et al. (E.D. Cal.) (dismissed 07/26/1995 for failure to state a claim); 2:94-cv-01146-EJG-GGH PC J o h n s o n v. Briscoe, et al. (E.D. Cal.) (dismissed 08/17/1995 for failure to state a claim). and 2:94-cv-01925-W B S G G H PC Johnson v. Bonaccorso,et al. (E.D. Cal.) (dismissed 09/08/1995 for failure to state a claim). This action involves the claim that prison officials conspired to take Plaintiff off CCCMS status in r e ta lia tio n for the grievance Plaintiff filed against Dr. Jordan for failing to comply with the court-ordered mental h e a lth assessment criteria.
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