Williams v. Kaiser et al

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/15/14 DENYING 9 Motion to Proceed IFP; Plaintiff shall pay the $400 filing fee for this action within 30 days. Failure to pay the filing fee within 30 days will result in a recommendation that is action be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE WILLIAMS,

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Plaintiff,

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No. 2:14-cv-1218 MCE CKD P

v.

ORDER

D. KAISER, et al.,

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Defendants.

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Plaintiff is a California prisoner proceeding pro se. He has filed a complaint asserting

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claims under 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis.
Title 28 U.S.C. § 1915(g) reads as follows:

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In no event shall a prisoner bring a civil action . . . [in forma
pauperis] 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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Plaintiff has had at least three actions dismissed for failure to state a claim in this court:

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1:01-cv-6222 REC HGB P; 1:01-cv-6151 REC LJO P; 1:01-cv-5891 AWI SMS P.1 Plaintiff was

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first declared a “three strikes” litigant in 2004.2

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In his complaint, plaintiff alleges that he is poisoned through the food he is given on a

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daily basis. Because plaintiff fails to present any evidence of this other than his own statement

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and because it is simply not plausible that plaintiff is being poisoned every day, plaintiff fails to

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show he is under imminent danger of serious physical harm. See Andrews v. Cervantes, 493 F.3d

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1047, 1055 (9th Cir. 2007) (section 1915(g) imminent danger exception applies where complaint

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makes a “plausible” allegation that prisoner faced imminent danger of serious physical harm at

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the time of filing).
For these reasons, plaintiff’s request to proceed in forma pauperis will be denied. Plaintiff

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will be given 30 days within which to pay the filing fee for this action. If plaintiff fails to submit

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the filing fee within 30 days, this court will recommend that this action be dismissed without

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prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 9) is denied; and

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2. Plaintiff shall pay the $400 filing fee for this action within 30 days. Failure to pay the

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filing fee within 30 days will result in a recommendation that is action be dismissed without

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prejudice

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Dated: October 15, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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will1218.3ks
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Plaintiff has filed approximately 57 actions in this court.

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1:03-cv-6770 REC WMW P.
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