Hackett v. City Of Fresno

Filing 4

AMENDED ORDER Directing Plaintiff to Pay Filing Fee, signed by Magistrate Judge Sandra M. Snyder on 4/19/11: Plaintiff shall pay the $350.00 filing fee, in full, on or before May 2, 2011. If the filing fee has not been paid in full on or before May 2, 2011, the Court will dismiss Plaintiff's case, without prejudice, for failure to prosecute. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ERIC LEE HACKETT,

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CASE NO. 1:11-cv-00501-LJO-SMS

Plaintiff,

AMENDED
ORDER DIRECTING PLAINTIFF
TO PAY FILING FEE

v.
CITY OF FRESNO, et al.,

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Defendants.
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A prisoner may not proceed in forma pauperis “if the prisoner has, on 3 or more prior

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occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of

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the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state

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a claim upon which relief may be granted, unless the prisoner is in imminent danger of serious

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physical injury.” 28 U.S.C. § 1915(g). Plaintiff became subject to § 1915(g) on August 4, 2005,

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when his third action was dismissed for failure to state a claim upon which relief may be

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granted.1 Accordingly, on April 7, 2011, this Court denied Plaintiff’s motion to proceed in forma

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pauperis.

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Although Plaintiff was served the order by mail on April 7, 2011, Plaintiff has not
submitted the $350.00 filing fee for his case. Accordingly, the Court hereby orders:
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Plaintiff shall pay the $350.00 filing fee, in full, on or before May 2, 2011.

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The Court took judicial notice of the following cases: Hackett v. Taylor, 1:01-cv-06076-OW W -SMS PC
(dismissed August 22, 2002 for failure to state a claim); Hackett v. Taylor, 1:02-cv-05440-OW W -SMS (dismissed
August 23, 2002 for failure to state a claim); Hackett v. Schwarzenegger, 1:04-cv-05124-OW W -SMS (dismissed
August 4, 2005 for failure to state a claim); Hackett v. City of Fresno, 1:06-cv-011230-OW W -SMS PC (dismissed
November 16, 2006 for failure to state a claim).

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If the filing fee has not been paid in full on or before May 2, 2011, the Court will
dismiss Plaintiff’s case, without prejudice, for failure to prosecute.

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IT IS SO ORDERED.

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Dated:
icido3

April 19, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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