Hart v. Kloph et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/2014 ORDERING that plaintiff shall submit, within 30 days, the $400.00 filing fee for this action. Plaintiff's failure to comply will result in a recommendations that this action be dismissed. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLETE REO HART,

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No. 2:14-cv-0101 MCE CKD P

Plaintiff,

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v.

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J. KLOPH, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983 along with an application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a),

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1915(a).
Court records indicate that plaintiff is a “three strikes” litigant pursuant to 28 U.S.C.

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§1915(g). In Hart v. California Medical Facility, 2:13-cv-1961 MCE EFB P (E.D. Cal.), the

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district court on November 6, 2013 denied plaintiff’s request to proceed in forma pauperis,

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adopting findings that the following actions constituted “strikes”:

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(1) Hart v. Trust Account Office, 2:05-cv-1668 FCD DAD P (dismissed July 14, 2006 as
duplicative and frivolous1);
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See 2:13-cv-1961 MCE EFB P, ECF No. 9 at 2, n.1 (action dismissed as duplicative was also
frivolous and constituted “strike”).
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(2) Hart v. Bigney, 2:05-cv-2063 MCE DAD P (dismissed July 17, 2006 as frivolous and
for failure to state a claim); and

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(3) Hart v. CMF, 2:06-cv-0470 LKK KJM P (dismissed January 26, 2007 as frivolous).

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Having independently reviewed the records of these actions, the undersigned agrees that

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all three dismissals were “strikes.” Moreover, plaintiff’s allegations in the instant complaint do

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not suggest that he is imminent danger of serious physical harm.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall submit, within thirty days

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from the date of this order, the $400 filing fee for this action. Plaintiff’s failure to comply with

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this order will result in a recommendation that this action be dismissed.

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Dated: January 29, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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