Weaver v. Captain et al

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/12 DENYING 7 Motion to Proceed IFP; Plaintiff shall submit, within 21 days after the filing date of this order, the full $350.00 filing fee for this action. (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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No. 2:12-cv-01092 MCE KJN P1

Plaintiff,

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vs.

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CAPTAIN, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief

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pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to

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28 U.S.C. § 1915. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1)

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and Local Rule 302.1

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Plaintiff is subject to the “three strikes rule” set forth in 28 U.S.C. § 1915(g),

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which precludes a plaintiff from proceeding in forma pauperis absent a showing that he is in

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imminent danger of serious physical injury. Pursuant to this rule, plaintiff has repeatedly been

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found barred from proceeding in forma pauperis in this district. See e.g. Weaver v. California

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This action is referred to a United States Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B), Local General Order No. 262, and Local Rule 302.
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Correctional Institution, et al., Case No. 1:06-cv-01429 OWW SMS P (E.D. Cal. 2007 ) (Dkt.

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No. 4 at 1 n.1); Weaver v. Nguyen, Case No. 1:11-cv-0011 KJN P (E.D. Cal. 2011) (Dkt. No. 4);

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Weaver v. Gillen, Case No. 2:11-cv-2126 JAM GGH P (E.D. Cal. 2012) (Dkt. Nos. 5, 6, 7).2

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Moreover, plaintiff is listed as three-strikes barred in the National Pro Se Three-Strikes

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Database.3

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In the instant complaint, plaintiff challenges his continued detention in the

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Sacramento County Main Jail, on the ground that he is “being held in jail for something I haven’t

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done. . . .” (Dkt. No. 1 at 3), claims which do not appear to be cognizable in a federal civil rights

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action. Plaintiff does not allege that he is in imminent danger of serious physical injury.

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Accordingly, plaintiff must pay the $350.00 filing fee before this action can proceed. Plaintiff is

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cautioned that failure to pay the filing fee will result in a recommendation that this action be

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dismissed.

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

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1. Plaintiff’s motion to proceed in forma pauperis (Dkt. No. 7), is denied;

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2. Plaintiff shall submit, within twenty-one days after the filing date of this order,

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the full $350.00 filing fee for this action; and

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3. 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: June 12, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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weav1092.3strikes

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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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National Pro Se Three-Strikes Database, http://nprose.circ9.dcn/Litigant.aspx.
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