Young v. Crisanto, et al.

Filing 9

ORDER Denying Plaintiff's 2 Motion to Proceed in Forma Pauperis; ORDER Dismissing Action without Prejudice to Refiling with Submission of $400.00 Filing Fee, signed by Chief Judge Lawrence J. O'Neill on 10/5/16. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE YOUNG,

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Plaintiff,

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v.
ERIC CRISANTO, et al.,

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Defendants.

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Case No.: 1:16-cv-1168-LJO-BAM
ORDER DENYING PLAINTIFF’S MOTION FOR
LEAVE TO PROCEED IN FORMA PAUPERIS
(Doc. 2)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE TO REFILING WITH SUBMISSION
OF $400.00 FILING FEE

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Plaintiff Eddie L. Young (“Plaintiff”), a state prisoner proceeding pro se, filed this civil action
on August 9, 2016. That same day, he also filed a motion for leave to proceed in forma pauperis.

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Plaintiff is subject to 28 U.S.C. § 1915(g), which provides that “[i]n no event shall a prisoner

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bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while

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incarcerated or detained in any facility, brought an action or appeal in a court of the United States that

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was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief

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may be granted, unless the prisoner is under imminent danger of serious physical injury.”1

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The Court takes judicial notice of the following cases: Young v. Riley, 2:02-cv-2297-LKK-DAD,
Doc. 53 (collecting previously dismissed cases); Young v. Holguin, 1:06-cv-770-LJO-DLB, Doc. 18
(same); and Young v. Parks, 2:09-cv-336-GEB-GGH, Doc. 15 (same).
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The Court has reviewed Plaintiff’s complaint and his allegations do not satisfy the imminent

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danger exception to section 1915(g). Andrews v. Cervantes, 493 F.3d 1047, 1055-56 (9th Cir. 2007).

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Plaintiff makes no allegations concerning any imminent danger of serious physical injury. Therefore,

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Plaintiff has not satisfied the exception from the three strikes bar under 28 U.S.C. § 1915(g), and must

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pay the $400.00 filing fee if he wishes to litigate this claim.

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Accordingly, the Court HEREBY ORDERS as follows:

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Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is DENIED; and,

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2.

This action is DISMISSED without prejudice to re-filing accompanied by the $400.00

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filing fee.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 5, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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