Harris v. Virga et al

Filing 8

ORDER signed by Magistrate Judge Dale A. Drozd on 10/2/2012 ORDERING that within 30 days, plaintiff shall SHOW CAUSE why his ifp application should not be denied pursuant to 28 U.S.C. § 1915(g), or in the alternative, plaintiff shall pay the $350.00 filing fee. (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,

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Plaintiff,

No. 2: 12-cv-0838 GEB DAD P

vs.
TIM VIRGA, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983, and an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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A review of the court’s records reveals that on numerous occasions prior to the

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filing of this action, plaintiff filed lawsuits that were dismissed on the grounds that they were

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frivolous or failed to state a claim upon which relief may be granted.1 The most recent dismissals

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of this nature were in Harris v. Edmonds, Civ. No. 00-5857 OWW LJO (E.D. Cal. Nov. 27,

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2000) (order dismissing action for failure to state a claim upon which relief may be granted);

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Harris v. Edmonds, Civ. No. 00-7160 REC SMS (E.D. Cal. May 24, 2002) (order dismissing

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action for failure to state a claim); and Harris v. Pliler, Civ. No. 01-1125 WBS DAD (E.D. Cal.

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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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March 15, 2002) (order dismissing action for failure to state a claim). All of those actions were

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filed when plaintiff was incarcerated in state prison and in each he was granted leave to proceed

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in forma pauperis.

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A prisoner may not bring a civil action or appeal a civil judgment under the in
forma pauperis statute

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if the prisoner has, on three or more occasions, while incarcerated
or detained in any facility, brought an action or appeal in a court of
the United States that was dismissed on the ground that it is
frivolous, malicious, or fails to state a claim upon which relief may
be granted, unless the prisoner is under imminent danger of serious
physical injury.

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28 U.S.C. § 1915(g). Because plaintiff has on three or more occasions brought an action that was

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dismissed for failure to state a claim upon which relief may be granted, he will be ordered to

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show cause why his application for leave to proceed in forma pauperis should not be denied

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pursuant to 28 U.S.C. § 1915(g), or to pay the filing fee of $350.00.

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Accordingly, IT IS HEREBY ORDERED that within thirty (30) days from the

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date of this order, plaintiff shall show cause why his application to proceed in forma pauperis

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should not be denied pursuant to 28 U.S.C. § 1915(g), or in the alternative, plaintiff shall pay the

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$350.00 filing fee. Plaintiff’s failure to comply with this order will result in a recommended

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dismissal of this action.

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DATED: October 2, 2012.

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DAD:dpw
harr0838.osc

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