Barger v. CDCR

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/23/2015 DENYING plaintiff's 14 request to proceed IFP; all other oustanding motions are DENIED; and within 14 days, plaintiff shall submit the $400.00 fee for this action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER,

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Plaintiff,

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No. 2:15-cv-0086 CKD P

v.

ORDER

CDCR,

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Defendant.

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Plaintiff Gary Dale Barger, also known as Gary Francis Fisher, is a state prisoner

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proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. This proceeding was referred

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

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all matters in this action before a United States Magistrate Judge. See 28 U.S.C. § 636.

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On March 13, 2015, plaintiff filed an incomplete motion to proceed in forma pauperis. He

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asserts that prison officials will not provide him with a certified trust account statement. (ECF

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No. 14.)

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In any case, review of court records reveals that on at least three prior occasions lawsuits

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filed by plaintiff have been dismissed on the grounds that they were frivolous or malicious or

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failed to state a claim upon which relief may be granted. See Orders dated December 20, 2013, in

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Barger v. Casey, 2:13-cv-08889-UA-MAN (C.D. Cal.) (frivolous, malicious or fails to state a

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claim upon which relief may be granted); November 21, 2013, in Barger v. FBI, 1:13-cv-0535
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DLB (E.D. Cal.) (failure to state a claim); and July 26, 2013, in Fisher v. FBI, 1:13-cv-0414 LJO

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SAB (E.D. Cal.) (adopting June 17, 2013 findings that deficiencies in plaintiff’s amended

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complaint cannot be cured by the allegation of other facts). Accordingly, plaintiff is precluded

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from proceeding in forma pauperis in this action unless plaintiff is “under imminent danger of

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serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff has not alleged any facts in his complaint

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which suggest that he is under imminent danger of serious physical injury. Thus, plaintiff must

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submit the appropriate filing fee in order to proceed with this action.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 14) is denied;

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2. All other outstanding motions (ECF Nos. 3 & 8) are denied; and

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3. Within fourteen days, plaintiff shall submit the $400 filing fee for this action.

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Plaintiff’s failure to comply with this order will result in dismissal of this action.

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Dated: March 23, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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