Hubbard v. Seng, et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 1/21/15 denying 2 Motion to Proceed IFP 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. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ZANE HUBBARD,

12
13
14
15

No. 2:15-cv-0025 AC P

Plaintiff,
v.

ORDER

MICHAEL J. SENG, et al.,
Defendants.

16
17

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

18

U.S.C. § 1983, together with a request to proceed in forma pauperis. However, it appears that

19

plaintiff is statutorily precluded from proceeding in forma pauperis, because he has:

20

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.

21
22
23
24

See 28 U.S.C. § 1915(g).
Some of the prior “strike” cases are: Hubbard v. Flores, 1:13-cv-1056 AWI BAM, ECF

25

Nos. 9 & 10 (E.D. Cal., Jun. 30, 2014) (order and judgment dismissing for failure to state a

26

cognizable claim; the current case was filed after plaintiff’s time to appeal Flores expired on July

27

30, 2014); Hubbard v. Gipson, 1:14-cv-0275 LJO MJS, ECF Nos. 13 & 14 (E.D. Cal., Nov. 18,

28

2014) (order and judgment dismissing with prejudice for failure to state a claim; the current case
1

1

was filed after plaintiff’s time to appeal Gipson expired on December 18, 2014); Hubbard v. Lua,

2

1:14-cv-0351 LJO SAB, ECF Nos. 5 & 6 (E.D. Cal., May 6, 2014) (order and judgment

3

dismissing with prejudice for failure to state a claim; the current case was filed after plaintiff’s

4

time to appeal Lua expired on June 5, 2014).

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

Plaintiff’s application to proceed in forma pauperis is DENIED, and

7

plaintiff is barred from proceeding in forma pauperis in this action pursuant to the three strikes

8

provision of 28 U.S.C. § 1915(g);

9

2.

10

of this order; and

11

3.

12

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.1

DATED: January 21, 2015

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

The alleged violations took place in Fresno and Kings Counties, which are part of the Fresno
Division of the United States District Court for the Eastern District of California. See Local Rule
120(d). Accordingly, if plaintiff pays the filing fee, the court will consider transferring this action
to the Fresno Division of the court pursuant to E.D. Cal. R. 120(f) (a civil action which has not
been commenced in the proper division of a court may, on the court’s own motion, be transferred
to the proper division of the court).
2