Campbell v. Clough et al

Filing 4

ORDER signed by Judge Kimberly J. Mueller on 11/30/05 ordering that 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Tony Campbell is denied. Pltf shall submit, within 30 days from the date of this order, the $250.00 filing fee for this action. (Kastilahn, A)

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(PC) Campbell v. Clough et al Doc. 4 Case 2:05-cv-02351-DFL-KJM Document 4 Filed 12/01/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TON Y CAMPBELL, Plaintiff, vs. J. CLOUGH, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action under 42 U.S.C. 1983 together with an application to proceed in forma pauperis under28 U.S.C. 1915. Review of court records reveals that on at least three occasions prior to the filing of this action lawsuits filed by plaintiff in this district were dismissed on the grounds that they were frivolous or malicious or failed to state a claim upon which relief may be granted.1 See Order filed June 21, 1999 in Campbell v. Butts, No. CIV F-98-6483 AWI SMS P (E.D. Cal.); Order filed March 27, 2001 in Campbell v. Randalph, No. CIV F-99-5462 REC HGB P (E.D. Cal.); and Order filed May 27, 2005 in Campbell v. Baughman, No. CIV S-05-0066 ORDER No. CIV S- 05-2351 DFL KJM P Case 2:05-cv-02351-DFL-KJM Document 4 Filed 12/01/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MCE DAD P (E.D. Cal.). Plaintiff was incarcerated when he brought each of these actions, and he did not take an appeal from the final judgment in any of them. A prisoner may not bring a civil action or appeal a civil judgment under the in forma pauperis statute if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious ph ysi cal injury. 28 U.S.C. 1915(g). In the present case, plaintiff has not alleged facts that suggest he is under imminent danger of serious physical injury. Thus, plaintiff must pay the filing fee in order to proceed with this case. In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's November 21, 2005 application to proceed in forma pauperis is denied; 2. Plaintiff shall submit, within thirty days from the date of this order, the $250.00 filing fee for this action; and 3. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed. DATED: November 30, 2005. ______________________________________ UNITED STATES MAGISTRATE JUDGE 1/mp camp2 351. fee 2

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