Shehee v. Perez et al

Filing 11

ORDER Regarding Application to Proceed In Forma Pauperis signed by Magistrate Judge Barbara A. McAuliffe on 02/06/2017. (Attachments: # 1 Application for IFP)(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

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Case No. 1:16-cv-01346-AWI-BAM (PC)
ORDER REGARDING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF Nos. 2)
FAITH PEREZ, et al.,
THIRTY-DAY DEADLINE
Defendants.

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Plaintiff Gregory Ell Shehee (“Plaintiff”) is a pretrial detainee proceeding pro se in this

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civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on September 12, 2016.

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(ECF No. 1.) On the same day, Plaintiff filed a motion to proceed in forma pauperis. (ECF No. 2.)

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On October 14, 2016, the Court issued an order denying Plaintiff’s motion to proceed in forma

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pauperis and dismissing the action without prejudice to refiling with submission of the $400.00

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filing fee. (ECF No. 3.) The Court had determined that Plaintiff was subject to the three strikes

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provision of 28 U.S.C. § 1915(g) and that he did not satisfy the imminent danger exception. (Id.)

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Plaintiff appealed. (ECF No. 5.)

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On January 11, 2017, the Ninth Circuit of the Court of Appeals reversed the Court’s

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denial of the application to proceed in forma pauperis, and remanded the matter for further

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proceedings. (ECF No. 9.) The Ninth Circuit determined that at least six of the eight dismissals

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that the district court relied upon do not constitute strikes because they were dismissals brought
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when Plaintiff was a civil detainee. (Id.) The Ninth Circuit issued its mandate on February 2,

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2017. (ECF No. 10.)

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Based on the Ninth Circuit’s order reversing and remanding this action, the Court must re-

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evaluate whether Plaintiff may be granted leave to proceed in forma pauperis. No application to

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proceed in forma pauperis is currently pending, however. Pursuant to 28 U.S.C. § 1915(a)(1),

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Plaintiff must submit an application for leave to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk’s Office shall send to Plaintiff s an application to proceed in forma

pauperis by a state prisoner; and
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Plaintiff shall, within thirty days of the date of service of this order, complete and

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return the application to proceed in forma pauperis to the Court. Plaintiff’s failure to do so will

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result in a recommendation that this action be dismissed for failure to prosecute and to obey a

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Court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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