Holgerson v. Davies, et al.

Filing 15

ORDER Revoking Plaintiff's In Forma Pauperis Status Under 28 U.S.C. § 1915(g); ORDER Vacating Court's Order Issued on March 11, 2016 4 ; ORDER for Plaintiff to Pay the $400.00 Filing Fee in Full Within Thirty Days; ORDER Directing Clerk to Serve This Order on CDCR, and Court's Financial Department, signed by Magistrate Judge Erica P. Grosjean on 8/19/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW F. HOLGERSON,

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Plaintiff,

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vs.

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DAVID DAVIES, et al.,

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Defendants.

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ORDER REVOKING PLAINTIFF’S IN
IN FORMA PAUPERIS STATUS
UNDER 28 U.S.C. § 1915(g)
ORDER VACATING COURT’S
ORDER ISSUED ON MARCH 11, 2016
(ECF No. 4.)
ORDER FOR PLAINTIFF TO PAY
THE $400.00 FILING FEE IN FULL
WITHIN THIRTY DAYS

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ORDER DIRECTING CLERK TO
SERVE THIS ORDER ON CDCR,
AND COURT’S FINANCIAL
DEPARTMENT

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1:16-cv-00334-AWI-EPG-PC

I.

BACKGROUND

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Matthew F. Holgerson (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this

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action on March 10, 2016, together with an application to proceed in forma pauperis pursuant

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to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) On March 11, 2016, the Court granted Plaintiff’s

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application to proceed in forma pauperis. (ECF No. 4.)

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II.

THREE-STRIKES PROVISION OF 28 U.S.C. § 1915(g)

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28 U.S.C. ' 1915 governs proceedings in forma pauperis. Section 1915(g) provides

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that “[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has,

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on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action
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or appeal in a court of the United States that was dismissed on the grounds that it is frivolous,

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malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is

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under imminent danger of serious physical injury.”

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III.

ANALYSIS

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A review of the actions filed by Plaintiff reveals that Plaintiff is subject to 28 U.S.C. '

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1915(g) and is precluded from proceeding in forma pauperis unless Plaintiff was, at the time

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the Complaint was filed, under imminent danger of serious physical injury. The Court has

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found evidence on the Court record of three 1915(g) “strikes” against Plaintiff, which were all

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entered before this action was brought by Plaintiff on March 10, 2016.1 The Court takes

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judicial notice of these cases: (1) 2:02-cv-00036-GEG-GGH-P Holgerson v. Knowles, et al.

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(E.D.Cal.) (dismissed on November 27, 2002, as frivolous); (2) 2:06-cv-00144-GEB-CMK-P

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Holgerson v. Knowles (E.D.Cal.) (dismissed on December 12, 2006, for failure to state a

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claim); and (3) 2:14-cv-01767-EFB-P Holgerson v. Lizarraga, et al. (E.D.Cal.) (dismissed on

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April 28, 2015, as frivolous).

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The Court has reviewed Plaintiff=s Complaint for this action and finds that Plaintiff does

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not meet the imminent danger exception. See Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th

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Cir. 2007). The Complaint is devoid of any showing that Plaintiff was under imminent danger

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of serious physical injury at the time he filed the Complaint. Plaintiff alleges in the Complaint

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that he was implanted with a mind control mechanism in his left eye and is the subject of

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government studies to monitor how he reacts to different chemicals placed in his food.

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Therefore, Plaintiff may not proceed in forma pauperis in this action, and must submit the

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appropriate filing fee in order to proceed with this action. Accordingly, Plaintiff’s in forma

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pauperis status shall be revoked and Plaintiff is required to submit the $400.00 filing fee 2 for

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this action within thirty days, or this case will be dismissed.

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The Court has examined the orders dismissing the three cases and finds that they constitute “strikes”
within the meaning of § 1915(g).
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According to the Court’s financial records, none of the filing fee has been paid for this case to date.
Therefore, Plaintiff owes the entire $400.00 filing fee.
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IV.

CONCLUSION

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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action is REVOKED;
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3.

Within thirty days from the date of service of this order, Plaintiff shall pay the
$400.00 filing fee for this action in full;

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The Court’s order granting Plaintiff’s application to proceed in forma pauperis,
issued on March 11, 2016, is VACATED;

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Pursuant to 28 U.S.C. ' 1915(g), Plaintiff=s in forma pauperis status in this

If Plaintiff does not pay the $400.00 filing fee for this case within thirty days,
this case shall be dismissed under 28 U.S.C. § 1915(g); and

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The Clerk is directed to serve a copy of this order on:
(1)

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the California Department of Corrections and Rehabilitation (CDCR)
department overseeing prisoner payment orders; and

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(2)

the Court’s financial department.

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IT IS SO ORDERED.
Dated:

August 19, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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