Givens v. Knipp

Filing 9

ORDER signed by Magistrate Judge Craig M. Kellison on 11/01/13 ordering this action is dismissed. The clerk of the court is directed to close this case. CASE CLOSED. (Plummer, 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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DAVID EUGENE GIVENS,

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No. CIV S-12-0688-CMK-P

Plaintiff,
vs.

ORDER

W. KNIPP,

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Defendant.

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/
Plaintiff, a state prisoner, brings this action in propria persona. Plaintiff has

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consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has

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been served or appeared in the action. On October 4, 2012, the court issued an order denying

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plaintiff’s application to leave to proceed in forma pauperis and ordering plaintiff to show cause

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why this action should not be dismissed without prejudice to re-filing upon pre-payment of the

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filing fees.

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The court outlined that the Southern District of California has already determined

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that plaintiff has had at least three other cases dismissed for failure to state a claim, and is barred

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from proceeding in forma pauperis in the federal courts. Thus, plaintiff is ineligible to proceed in

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this action without the prepayment of the filing fees. Plaintiff was warned that failure to respond
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to the order to show cause may result in the dismissal of this action for the reasons outlined as

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well as for failure to prosecute and comply with court rules and orders. See Local Rule 110.

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Plaintiff has not responded to the court’s order as directed. The undersigned finds

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it appropriate to dismiss this action for plaintiff’s failure to pre-pay the filing fee, after finding

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plaintiff ineligible to proceed in forma pauperis, and for plaintiff’s failure to comply with court

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order.

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Accordingly, IT IS HEREBY ORDERED that:

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This action is dismissed; and

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The Clerk of the Court is directed close this case.

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DATED: November 1, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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