Weaver v. Gillen

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/20/11 ORDERING that plaintiff shall submit, within 21 days from the date of this order, the $350.00 filing fee for this action; and Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

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Plaintiff,

No. CIV S-11-2126 GGH P

vs.
GUY GILLEN,

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Defendant.

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ORDER
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Plaintiff, proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C.

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§ 1983. Plaintiff is a former state prisoner, who may be on parole but has listed Sacramento

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County Jail as his address.

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Review of court records reveals that on at least three occasions prior to the filing

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of this action, lawsuits filed by plaintiff in this district were dismissed on the grounds that they

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were frivolous or malicious or failed to state a claim upon which relief may be granted.1 See

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Order filed April 20, 2007 in Weaver v. California Correctional Institution Building A-4A-4, et

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al., No. 1:06-cv-1429 OWW-SMS P (E.D. Cal.), slip op. at 4 and cases cited therein at 1 n.1.

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Plaintiff is therefore precluded from proceeding in forma pauperis in this action unless plaintiff is

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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).
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“under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff has not

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alleged any facts which suggest that he is under imminent danger of serious physical injury.2

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Thus, plaintiff must pay the filing fee in order to proceed with this case.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within twenty-one days from the date of this order, the

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$350.00 filing fee for this action; and

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2. Plaintiff’s failure to comply with this order will result in a recommendation

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that this action be dismissed.

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DATED: September 20, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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weav2126.fee

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Plaintiff alleges that he was released from prison and was sent to Union Gospel Mission,
instead of a halfway house and this has violated his rights.
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