Morris v. Guffee et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/11/13 ordering within 21 days of service of this order, plaintiff shall submit the $350.00 filing fee for this action. (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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LEON E. MORRIS,

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Plaintiff,

No. 2:13-cv-0434 CKD P

Defendants.

ORDER

vs.
A. GUTTEE,

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

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to 42 U.S.C. § 1983. Plaintiff has not paid the $350 filing fee. Plaintiff will be provided the

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opportunity to submit the $350 filing fee within 21 days. If plaintiff fails to pay the filing fee, the

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court will recommend that this action be dismissed.

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Ordinarily, the court would allow plaintiff to apply to proceed in forma pauperis

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under 28 U.S.C. § 1915. However, plaintiff has “struck out” under 28 U.S.C. § 1915(g). See

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December 11, 2012 order in Morris v. Jennings, 2:12-cv-2240 GEB CKD P. A plaintiff who has

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struck out under § 1915(g) would be allowed to proceed in forma pauperis if the claims presented

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in their complaint are related to “imminent danger of serious physical injury.” In his complaint,

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plaintiff complains about the handling of his food – a familiar complaint from plaintiff (2:11-cv-

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0974 GEB JFM & 2:12-cv-2240 GEB CKD) – and that correctional officers have denied plaintiff
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a new pillow despite the fact that a nurse had indicated he should be allowed one. Nothing

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suggests that if plaintiff were to prevail on either of his claims “imminent danger of serious

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physical injury” would be avoided. Further, plaintiff seeks monetary relief, not injunctive relief

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to alleviate a dangerous condition.

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

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1. Within 21 days of service of this order, plaintiff shall submit the $350 filing

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fee for this action; and

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2. Plaintiff’s failure to comply with this order will result in a recommendation
that this action be dismissed.
Dated: March 11, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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morr0434.fee

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