Barger v. Trust Office et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/10/2015 DENYING plaintiff's 16 , 17 request to proceed IFP ; all other oustanding motions are DENIED 4 , 5 , 8 ; within 14 days, plaintiff shall submit the $400.00 fee for this action. Plaintiff's failure to pay the fee within 14 days will result in dismissal. (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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No. 2:15-cv-0124 CKD P

Plaintiff,
v.

ORDER

TRUST OFFICE, et al.,
Defendants.

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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 January 21, 2015, the court ordered plaintiff to file a completed application to proceed

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in forma pauperis within 30 days. While plaintiff has filed “motions” to proceed in forma

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pauperis, he has not filed the completed application required by the court.

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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 Nos. 16 & 17) is

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denied;

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2. All other outstanding motions (ECF Nos. 4, 5 & 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 pay the filing fee within 14 days will result in dismissal.

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Dated: March 10, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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