Braley v. Access Securepak/Keefe Commissary Network, LLC, et al.

Filing 12

ORDER REVOKING Plaintiff's In Forma Pauperis Status; ORDER VACATING 5 Order Granting Application to Proceed In Forma Pauperis; ORDER DISMISSING 1 Action, without Prejudice to Refiling with Submission of $350.00 Filing Fee in Full; ORDER for Clerk to CLOSE CASE signed by Chief Judge Anthony W. Ishii on 5/17/2011. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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THOMAS D. BRALEY,

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1:11-cv-00522-AWI-GSA PC

Plaintiff,

ORDER REVOKING PLAINTIFF’S IN
FORMA PAUPERIS STATUS

v.
ORDER VACATING ORDER GRANTING
APPLICATION TO PROCEED IN FORMA
PAUPERIS
(ECF No. 5.)

ACCESS SECUREPAK, et al.,

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Defendants.

ORDER DISMISSING ACTION, WITHOUT
PREJUDICE TO REFILING WITH
SUBMISSION OF $350.00 FILING FEE IN
FULL

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ORDER FOR CLERK TO CLOSE CASE
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Plaintiff Thomas Braley, a state prisoner proceeding pro se, filed this civil rights action

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pursuant to 42 U.S.C. § 1983 on March 18, 2011 in the United States District Court for the Eastern

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District of Missouri. On March 23, 2011, that court entered and order transferring the case to this

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district, and provisionally granting Plaintiff’s application for leave to proceed in forma pauperis

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Section 1915(g) provides that “[i]n no event shall a prisoner bring a civil action . . . under

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this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any

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facility, brought an action or appeal in a court of the United States that was dismissed on the grounds

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that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the
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prisoner is under imminent danger of serious physical injury.” Plaintiff is subject to section 1915(g)

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and is precluded from proceeding in forma pauperis unless he is, at the time the complaint is filed,

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under imminent danger of serious physical injury.1

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The Court has reviewed Plaintiff’s complaint and finds that Plaintiff does not meet the

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imminent danger exception.2 Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Because

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Plaintiff alleges no facts supporting a finding that he is under imminent danger of serious physical

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injury, Plaintiff is ineligible to proceed in forma pauperis in this action.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s in forma pauperis in this action is REVOKED;

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2.

The March 23, 2011, order provisionally granting Plaintiff leave to proceed in forma

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pauperis is VACATED;
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This action is DISMISSED, without prejudice to refiling with the submission of the
$350.00 filing fee in full;

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4.

The Clerk is directed to CLOSE this case; and

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5.

The Clerk is directed to SERVE a copy of this order on the Director of the California

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Department of Corrections and Rehabilitation, via the Court’s electronic case filing

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system.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 17, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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The Court takes judicial notice of case numbers 2:01-cv-03867-GAF-MC Braley v. Bledsoe (C.D. Cal.)
(dismissed 10/31/2001 for failure to state a claim); 2:03-cv-04583-UA-SH- Braley v. Mejia (C.D. Cal.) (dismissed
07/16/2003 for failure to state a claim); 1:07-cv-011666-OW W -GSA-PC Braley v. Los Angeles County Jail, et al.,
(E.D. Cal.) (dismissed 3/12/2009 for failure to state a claim).
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Plaintiff’s allegations concern the improper deprivation of and damage to, his personal property. The
complaint is devoid of any showing that Plaintiff is under imminent danger of serious physical injury.

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