Youngblood v. Allen et al

Filing 5

ORDER (1) DENYING 2 Motion for Leave to Proceed In Forma Pauperis, (2) DISMISSING ACTION, Without Prejudice, Pursuant to 28 U.S.C. 1915(g), and (3) DIRECTING Clerk of Court to Enter Judgment, signed by District Judge Lawrence J. O'Neill on 4/28/2014. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JESSE L. YOUNGBLOOD, 10 Plaintiff, 11 v. 12 K. J. ALLEN, et al., 13 Defendants. 14 Case No. 1:14-cv-00595-LJO-SKO (PC) ORDER (1) DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, (2) DISMISSING ACTION, WITHOUT PREJUDICE, PURSUANT TO 28 U.S.C. ' 1915(G), AND (3) DIRECTING CLERK OF COURT TO ENTER JUDGMENT (Docs. 1 and 2) 15 _____________________________________/ 16 Plaintiff Jesse L. Youngblood, a prisoner proceeding pro se, filed this civil rights action 17 18 pursuant to 42 U.S.C. § 1983 on April 24, 2014. Plaintiff seeks leave to proceed in forma pauperis 19 in this case. However, Plaintiff is subject to 28 U.S.C. 1915(g), which provides that “[i]n no event shall 20 21 a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior 22 occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of 23 the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state 24 a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious 1 25 physical injury.” The Court has reviewed Plaintiff’s complaint and his allegations do not satisfy 26 27 28 1 The Court takes judicial notice of the following United States District Court cases: Youngblood v. State of California, 4:11-cv-04064-PJH (N.D. Cal.) (dismissed March 16, 2012, for failure to state a claim); Youngblood v. Warden, 4:12-cv-04423-PJH (N.D. Cal.) (dismissed February 4, 2013, as frivolous and for failure to state a claim); and Youngblood v. Feather Falls Casino, 4:13-cv-01282-PJH (N.D. Cal.) (dismissed February 29, 2013, as frivolous 1 the imminent danger exception to section 1915(g).2 Andrews v. Cervantes, 493 F.3d 1047, 10552 56 (9th Cir. 2007). Therefore, Plaintiff must pay the $400.00 filing fee if he wishes to litigate his 3 claim. 4 Accordingly, the Court HEREBY ORDERS as follows: 5 1. Plaintiff’s motion for leave to proceed in forma pauperis in this action is DENIED; 6 2. This action is DISMISSED, without prejudice to re-filing accompanied by the 7 8 9 $400.00 filing fee; and 3. The Clerk of the Court shall enter judgment. IT IS SO ORDERED. Dated: 10 /s/ Lawrence J. O’Neill April 28, 2014 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 and for failure to state a claim). These strikes were final prior to the date Plaintiff filed this action. Silva v. Di Vittorio, 658 F.3d 1090, 1098-1100 (9th Cir. 2011). 28 2 Plaintiff is alleging denial of access to the courts. (Comp., pp. 7-8.) 2

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