Youngblood v. Uribe et al

Filing 14

ORDER dismissing action without prejudice for failure to pay filing fee and failure to obey court order 12 , 13 signed by District Judge Anthony W. Ishii on 6/11/2018. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE L. YOUNGBLOOD,
Plaintiff,

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v.
D. URIBE, et al.,

Case No. 1:17-cv-01132-AWI-EPG (PC)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY FILING
FEE AND FAILURE TO OBEY COURT
ORDER
(ECF Nos. 12, 13)

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Defendants.
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Jesse L. Youngblood (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed an application to proceed in forma

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pauperis on August 23, 2017. (ECF No. 2). The matter was referred to United States Magistrate

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Judge Erica P. Grosjean pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 26, 2018, the Magistrate Judge issued findings and recommendations,

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finding that Plaintiff had incurred more than three strikes under 28 U.S.C. § 1915(g) and did

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not qualify for the imminent danger of serious physical injury exception, and recommending

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that the application to proceed in forma pauperis be denied. On April 13, 2018, the Court

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adopted the findings and recommendations, denied the application to proceed in forma

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pauperis, and directed Plaintiff to pay the $400.00 filing fee within thirty days from the date of

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service of the order. (ECF No. 12). The order advised Plaintiff that the failure to pay the

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required filing fee within the time provided would result in dismissal of this action. Id. The

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thirty-day period has expired, and Plaintiff has failed to pay the filing fee.
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On April 27, 2018, Plaintiff filed a motion seeking waiver of payment of the filing until

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he has sufficient funds in his prisoner trust account to be billed 20% of any amount exceeding

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ten dollars. (ECF No. 13). Plaintiff, in effect, is again requesting to proceed in forma pauperis.

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See 28 U.S. Code § 1915(b)(1)(“[I]f a prisoner brings a civil action or files an appeal in forma

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pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall

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assess and, when funds exist, collect, as a partial payment of any court fees required by law, an

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initial partial filing fee of 20 percent of the greater of—(A) the average monthly deposits to the

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prisoner’s account; or (B) the average monthly balance in the prisoner’s account for the 6-

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month period immediately preceding the filing of the complaint or notice of appeal.”). In this

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motion, Plaintiff has stated “I (have, am, will) be in imminent danger of physical harm or

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damaged, among (legal rights/ legal interests/ property interests/ welfare/ civil case(s)/ serious

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medical treatment/ medicare treatment plan/ ADA (1824)/ mental health/ i.e./ et. al.), thus I

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endured, suffered from, sustained, and will continue to have (‘no relief’) or (‘no available

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remedies’).” (ECF No. 13). This statement is vague and conclusory. It in no way explains how

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Plaintiff faces imminent danger of serious physical injury. Plaintiff’s renewed request for in

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forma pauperis status is denied.

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Plaintiff’s action may not proceed absent the submission of the filing fee. 28 U.S.C. §

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1914. Accordingly, this action is HEREBY DISMISSED, without prejudice, for Plaintiff’s

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failure to comply with the Court’s order of April 13, 2018, (ECF No. 12), and his failure to pay

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the filing fee. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: June 11, 2018

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SENIOR DISTRICT JUDGE

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