Diaz v. Hurley et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/2016 ORDERING plaintiff to submit, within 21 days, the appropriate filing fee. Plaintiff's failure to comply will result in a recommendation that this action be dismissed. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL DIAZ,

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Plaintiff,

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No. 2:15-cv-2083 GEB KJN P

v.

ORDER

ASSOCIATE WARDEN HURLEY, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983, and sought leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This

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proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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Review of court records reveals that on at least three occasions lawsuits filed by the

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plaintiff have been dismissed on the grounds that they were frivolous or malicious or failed to

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state a claim upon which relief may be granted:
Diaz v. Vasquez, No. 1:12-cv-0732 SAB dismissed February 25, 2013, for failure to state

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a claim;
Diaz v. R. Diaz, No. 1:12-cv-1296 AWI SAB, dismissed September 4, 2014, for failure to

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state a claim; and
Diaz v. R. Diaz, No. 1:13-cv-0453 SKO, dismissed July 28, 2014, for failure to state a

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claim.
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On December 19, 2007, plaintiff’s appeal from Diaz v. State of California, No. 2:04-cv-

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2375 MCE JFM, was dismissed as not taken in good faith.1

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Plaintiff is therefore precluded from proceeding in forma pauperis in this action unless

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plaintiff is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff

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has not alleged any facts which suggest that he is under imminent danger of serious physical

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injury. Thus, plaintiff must 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 plaintiff shall submit,

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within twenty-one days from the date of this order, the appropriate filing fee. Plaintiff’s failure to

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comply with this order will result in a recommendation that this action be dismissed.

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Dated: October 21, 2016

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/diaz2083.1915g

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In addition, in Diaz v. Sherman, No. 1:13-cv-1627 LJO MJS, plaintiff’s in forma pauperis
status was revoked on August 5, 2016.
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