Woolridge v. Riveria et al

Filing 5

ORDER DENYING 2 Motion to Proceed In Forma Pauperis and DISMISSING ACTION, Without Prejudice to Refiling With Submission of $350.00 Filing Fee In Full signed by Magistrate Judge Gary S. Austin on 4/16/2012. CASE CLOSED. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA T. WOOLRIDGE,
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Plaintiff,
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vs.
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A. RIVERIA, et al.,
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Defendants.
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____________________________________)

1:12-cv-00372-GSA-PC
ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING ACTION, WITHOUT
PREJUDICE TO REFILING WITH
SUBMISSION OF $350.00 FILING FEE
IN FULL
(Doc. 2.)
ORDER FOR CLERK TO CLOSE CASE

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Joshua T. Woolridge ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on March 12, 2012,

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and filed an application to proceed in forma pauperis on March 26, 2012. (Docs. 1, 2.) On April 11,

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2012, Plaintiff consented to Magistrate Judge jurisdiction in this action, and no other parties have made

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an appearance. (Doc. 4.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern

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District of California, the undersigned shall conduct any and all proceedings in the case until such time

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as reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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28 U.S.C. § 1915 governs proceedings in forma pauperis. Section 1915(g) provides that “[i]n

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no event shall a prisoner bring a civil action . . . under this section 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 the

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

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upon which relief may be granted, unless the prisoner is under imminent danger of serious physical

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injury.” A review of the actions filed by Plaintiff reveals that Plaintiff is subject to 28 U.S.C. § 1915(g)

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and is precluded from proceeding in forma pauperis unless Plaintiff 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 imminent

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danger exception.2 Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Plaintiff alleges in the

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Complaint that the defendants failed to protect him when they allowed another inmate to assault Plaintiff

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with a homemade weapon on March 23, 2010, and then attempted to cover up the assault.3 Plaintiff may

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not proceed in forma pauperis in this action, and must submit the appropriate filing fee in order to

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proceed with this action. Therefore, Plaintiff’s application to proceed in forma pauperis shall be denied,

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and this action shall be dismissed, without prejudice to refiling with the submission of the $350.00 filing

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fee in full.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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Pursuant to 28 U.S.C. § 1915(g), Plaintiff’s application to proceed in forma pauperis in
this action is denied;

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The Court takes judicial notice of case numbers 5:04-cv-01602-UA-MAN W oolridge v. San Bernardino
County Dep’t of Childrens Svc. Dir., et al. (C.D. Cal.) (dismissed 01/20/2005 for failure to state a claim); 5:06-cv01351-UA-MAN W oolridge v. San Bernardino County Dep’t of Childrens Svc. Dir. (C.D. Cal.) (dismissed
01/03/2007 for failure to state a claim); 5:07-cv-00229-UA-DUTY W oolridge v. San Bernardino County Dep’t of
Childrens Svc. Dir. (C.D. Cal.) (dismissed 03/20/2007 for failure to state a claim); 5:08-cv-01815-UA-MAN
W oolridge v. City/County of Riverside, et al., (C.D. Cal.) (dismissed 01/16/2009 for failure to state a claim); 5:09cv-00314-UA-MAN W oolridge v. City/County of Riverside, et al., (C.D. Cal.) (dismissed 02/23/2009 for failure to
state a claim); 1:09-cv-00158-AW I-GSA W oolridge v. Cal. Dep’t of Corr. & Rehab., et al., (E.D. Cal.) (dismissed
05/15/2009 for failure to state a claim); 2:09-cv-00734-JAM-GGH W oolridge v. Cal. Dep’t of Corr. & Rehab.,
(E.D. Cal.) (dismissed 07/27/2009 for failure to state a claim); and 5:09-cv-01377-UA-MAN W oolridge v. Anwar,
(C.D. Cal.) (dismissed 07/29/2009 for failure to state a claim).
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The Court expresses no opinion on the merits of Plaintiff’s claims.

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The Complaint is devoid of any showing that Plaintiff was under imminent danger of serious physical injury at the
time he filed the Complaint. Id.

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

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The Clerk is directed to CLOSE this case.

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IT IS SO ORDERED.

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Dated:
6i0kij

April 16, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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