Harris v. Virga, et al

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 12/22/2011 DENYING plaintiff's 3 motion to proceed IFP and plaintiff shall pay the $350.00 filing fee within 21 days. (Yin, K)

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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,
Plaintiff,

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vs.

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No. CIV 2:11-cv-2869-KJM-JFM (PC)

TOM V. VIRGA, et al.,
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

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in “imminent danger of serious physical harm.” Although plaintiff claims he is in imminent

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danger of serious physical harm, there is no reasonable suggestion in plaintiff’s complaint that he

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is in such danger.

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

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November 9, 2011 motion to proceed in forma pauperis is denied and plaintiff shall pay the $350

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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: December 22, 2011.

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/014;harr0289.3a

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