West v. Daniels et al

Filing 10

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/15/10 DENYING 3 Motion to Proceed IFP. Plaintiff must pay the filing fee in full within 20 days.(Dillon, M)

(PC) West v. Daniels et al

Doc. 10

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 vs. R. DANIELS, et al., Defendants. / ORDER JOHN E. WEST, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA No. CIV S 09-1532 EFB P

Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). On April 19, 2010, the court found that plaintiff had, on three prior occasions, brought actions in a court of the United States that were dismissed on the ground that they were frivolous, malicious or failed to state a claim. The court also found that plaintiff had not demonstrated that he was "under imminent danger of serious physical injury," 28 U.S.C. § 1915(g), so that he nonetheless could proceed in forma pauperis. The court gave plaintiff thirty days either to make the showing required by 28 U.S.C. § 1915(g). 1
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The 20-day period has expired and plaintiff has failed to make the requisite showing or otherwise respond to the court's order. Accordingly, it is hereby ORDERED: 1. Plaintiff's motion to proceed in forma pauperis is denied; and 2. Plaintiff must pay the filing fee in full within 20 days. Failure to comply with this order will result in the dismissal of this case. DATED: July 15, 2010.

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