Ellis v. Foulk, et al.

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 12/23/14 ordering plaintiff's IFP status is revoked as improvidently granted, and plaintiff is barred from proceeding in forma pauperis in this action pursuant to the 3 strikes provision of 28 USC 1915(g). Plaintiff is directed to pay the filing fee in full within 28 days of the date of this order. Absent timely payment of the filing fee, this case will be dismissed. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT ELLIS,

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No. 2:14-cv-0802 AC P
Plaintiff,

v.

ORDER

F. FOULK, Warden, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se, and in forma pauperis pursuant to 28 U.S.C.

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§ 1915. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this

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court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has consented to the

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jurisdiction of the magistrate judge. ECF No. 7.

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Upon further review of the record, it appears that plaintiff is statutorily precluded from
proceeding in forma pauperis, because he has:
on 3 or more prior occasions, while incarcerated . . ., brought an
action . . . 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.
See 28 U.S.C. § 1915(g).
The prior cases are: Ellis v. Runnels, 2:06-cv-0040-FCD-EFB, ECF No. 22 (E.D. Cal.
May 16, 2007) (failure to state a claim: challenge to prison regulation that prohibited prisoners
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from having images depicting female frontal nudity); Ellis v. Reddy (Doctor), 2:11-cv-0363-

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GEB-CKD, ECF No. 27 (E.D. Cal. Dec. 16, 2011) (failure to state a claim: asserting inadequate

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medical treatment and failure to refer to outside doctor); Ellis v. Faulk, 2:13-cv-2197-CKD, ECF

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No. 11 (E.D. Cal. Feb. 18, 2014) (frivolous and failure to state a claim: challenge to prison policy

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banning hair trimmers, nail clippers, and cream-filled pastries and cookies); and Ellis v. Bergsen,

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2:14-cv-0705-EFB, ECF No. 8 (E.D. Cal. Jul. 25, 2014) (failure to state a claim: challenge to

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prison guard’s confiscation of plaintiff’s “adult magazine”).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s IFP status is REVOKED as improvidently granted, and plaintiff is

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barred from proceeding in forma pauperis in this action pursuant to the three strikes provision of

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28 U.S.C. § 1915(g);

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2.

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of this order; and

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3.

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Plaintiff is directed to pay the filing fee in full within twenty-eight days of the date

Absent timely payment of the filing fee, this case will be dismissed.

DATED: December 23, 2014

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