Gray v. Lewis et al

Filing 12

ORDER to SHOW CAUSE Why In Forma Pauperis Should Not Be Revoked, signed by Magistrate Judge Barbara A. McAuliffe on 5/26/17: 14-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY GRAY, 12 Plaintiff, 13 v. 14 J. LEWIS, et al., 15 16 Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-0970-BAM (PC) ORDER TO SHOW CAUSE WHY INFORMA PAUPERIS SHOULD NOT BE REVOKED FOURTEEN DAY DEADLINE 17 18 Plaintiff Ricky Gray (“Plaintiff”), a state prisoner proceeding pro se, filed this action in the 19 Northern District of California, pursuant to 28 U.S.C. § 1361, on May 27, 2016. On July 6, 2016, the 20 claims and defendants in Plaintiff’s action arising from Tehachapi (California Correctional Institution) 21 and Corcoran State Prison were severed from the action in the Northern District of California, and 22 transferred to this district. (ECF Nos. 6, 7.) Following an Order to Show Cause, the Northern District 23 denied Plaintiff’s motion to proceed informa pauperis. That Court found that Plaintiff has at least 24 three strikes pursuant to 28 U.S.C. § 1915. (See Doc. 6.) 25 Plaintiff is subject to 28 U.S.C. § 1915(g), which provides that “[i]n no event shall a prisoner 26 bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while 27 incarcerated or detained in any facility, brought an action or appeal in a court of the United States that 28 1 1 was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief 2 may be granted, unless the prisoner is under imminent danger of serious physical injury.” 3 Once the claims had been transferred to this District, this Court granted Plaintiff’s request to 4 proceed informa pauperis. (Doc. 10.) Plaintiff filed a consent to magistrate judge jurisdiction. (Doc. 5 11.) By separate screening order issued contemporaneously with this Order, this Court has screened 6 Plaintiff’s complaint for the claims arising from Tehachapi and Corcoran State Prison and dismissed 7 those claims for failure to state a claim. 8 9 Finding no meritorious claim or imminent danger, Plaintiff is ordered to show cause within 14 (fourteen) days of the date of service of this order why this case should not be deemed three strikes 10 barred and Plaintiff’s informa pauperis status revoked. Plaintiff’s failure to comply with this order 11 will result in a dismissal of this action. If after receiving this order, Plaintiff no longer wishes to 12 pursue this action, he shall file a Notice of Voluntary Dismissal. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara May 26, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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