Morris v. Guffee, et al.

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/13 ORDERING that plaintiff shall, within 30 days after the filing date of this order, submit an application in support of his request to proceed in forma pauperis, on the form provided by the Clerk of Court, OR the full filing fee; and Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(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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LEON E. MORRIS,

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Plaintiff,

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No. 2:13-cv-1171 KJN P

vs.
GUFFEE, et al.,

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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. Plaintiff has not, however, filed an in forma pauperis application or paid

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the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Therefore, plaintiff will be provided

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the opportunity to submit either the appropriate application and affidavit in support of a request

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to proceed in forma pauperis, OR the appropriate filing fee for proceeding with a prisoner civil

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rights action ($350.00).

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However, plaintiff is informed that the court’s consideration of his in forma

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pauperis application will be subject to the requirements of Section 1915(g), title 28, United

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States Code, which provides in full:

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In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section if the
prisoner has, on 3 or more prior 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 grounds 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). Plaintiff has previously “struck out” under Section 1915(g). See Morris v.

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Jennings, Case 2:12-cv-02240 GEB CKD P (ECF No. 11), and cases cited therein. As a result,

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plaintiff may not proceed in forma pauperis in the instant action without a plausible allegation in

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his complaint that he was in imminent danger of serious physical injury at the time he filed the

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complaint. Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007).

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

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1. Plaintiff shall, within thirty days after the filing date of this order, submit an

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application in support of his request to proceed in forma pauperis, on the form provided by the

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Clerk of Court, OR the full filing fee;

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2. Plaintiff’s failure to comply with this order will result in the dismissal of this
action; and

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3. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner.

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SO ORDERED.
DATED: June 21, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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morr1171.3a.3strks

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