Blackman v. Parra et al

Filing 5

ORDER Denying Motion To Proceed In Forma Pauperis (ECF No. 2 ), $400 Filing Fee Due Within Twenty-One Days, signed by District Judge Anthony W. Ishii on 11/8/2013. (Case Management Deadline: 12/6/2013) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY BLACKMAN,

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Case No. 1:13-cv-01780-AWI-MJS (PC)

Plaintiff,

ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF No. 2)
N. PARRA, et al.,
$400 FILING FEE DUE WITHIN
TWENTY-ONE DAYS

Defendants.

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Plaintiff Tony Blackman is a California state prisoner proceeding pro se in a civil

19 rights action filed November 4, 2013 pursuant to 42 U.S.C. § 1983. (ECF No. 1.) On
20 November 4, 2013, Plaintiff filed a motion to proceed in forma pauperis pursuant to 28
21 U.S.C. § 1915. (ECF No. 2.)
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The Prison Litigation Reform Act provides that “[i]n no event shall a prisoner

23 bring a civil action . . . under this section if the prisoner has, on 3 or more occasions,
24 while incarcerated or detained in any facility, brought an action or appeal in a court of
25 the United States that was dismissed on the grounds that it is frivolous, malicious, or
26 fails to state a claim upon which relief may be granted, unless the prisoner is under
27 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).
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Court records reveal that pursuant to 28 U.S.C. § 1915(g), Plaintiff is ineligible to

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2 proceed in forma pauperis and is required to submit the filing fee in full in order to
3 proceed with this action. The Court takes judicial notice of the following cases that
4 qualify as strikes pursuant to 28 U.S.C. § 1915(g): Blackman v. Hartwell, et al., Case
5 No. 1:99-cv-05822-REC-HGB PC (E.D. Cal.) (dismissed March 12, 2001 for failure to
6 state a claim); Blackman v. Medina, Case No. 3:05-cv-05390-SI (N. D. Cal.) (dismissed
7 March 13, 2006 for failure to state a claim); Blackman v. Variz, Case No. 3:06-cv8 06398-SI (N.D. Cal.) (dismissed December 18, 2006 for failure to state a claim);
9 Blackman v. Taxdahl, Case No. 1:04-cv-06389-AWI-NEW (DLB) PC (E. D. Cal.)
10 (dismissed May 18, 2007 for failure to state a claim); Blackman v. Evans, et al., Case
11 No. 1:06-cv-00081-GSA (E. D. Cal.) (dismissed February 3, 2009 for failure to state a
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Plaintiff’s complaint alleges that he was denied due process and access to courts

14 due to prison officials’ failure to process his inmate grievances and provide
15 documentation supporting his in forma pauperis application(s). Plaintiff is not under
16 imminent danger of serious physical injury, and is required to pay the $400.00 filing fee
17 before proceeding in this action.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to proceed in forma

19 pauperis (ECF No. 2) is DENIED. Plaintiff is ordered to pay the $400.00 filing fee in full
20 within twenty-one (21) days from the date of service of this order. Failure to pay the
21 filing fee will result in dismissal of this action.
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IT IS SO ORDERED.

24 Dated: November 8, 2013

SENIOR DISTRICT JUDGE

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