Harris v. Kenwood et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/31/2011. Plaintiff to pay the $350.00 filing fee for this action w/in 21 days. Failure to do so will result in recommendation that action be dismissed. (Marciel, 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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MARVIN HARRIS,

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Plaintiff,

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No. CIV S-11-2227 CKD P

vs.
J. KENWOOD, et al.,

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Defendants.

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ORDER
/

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. However, plaintiff has not paid the $350 filing fee. See 28 U.S.C. §

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1914(a). Ordinarily, plaintiff would have the option of seeking leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. This option is not available to plaintiff as he has “struck

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out” under 28 U.S.C. 1915(g). See March 22, 2010 order in Harris v. Reynolds, CIV-09-1817

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JAM DAD P. Under 28 U.S.C. 1915(g), plaintiff could still proceed in forma pauperis if he is in

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“imminent danger of serious physical harm.” There is no reasonable suggestion in plaintiff’s

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complaint that he is in such danger.

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In accordance with the above, IT IS HEREBY ORDERED that plaintiff pay the

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$350 filing fee for this action within twenty-one days. Failure to pay the filing fee will result in a

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recommendation that this action be dismissed.

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Dated: August 31, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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harr2227.3a

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