Weaver v. Gillen et al

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/8/14 ORDERING that Plaintiffs motion to proceed in forma pauperis (ECF No. 6 ) is denied; and Plaintiff shall pay the $400 filing fee for this action within 30 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

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Plaintiff,

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No. 2:14-cv-1652 JAM CKD P

v.

ORDER

GUY GILLEN, 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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1:06-cv-0671 OWW SMS P; 1:06-cv-0775 OWW LJO P; 1:06-cv-0863 OWW SMS P. Plaintiff

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was a prisoner when he filed these actions. In his complaint, plaintiff does not allege he is “under

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imminent danger of serious physical injury.”

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/////

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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. 6) 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 8, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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weav1652.3ks

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