Pierce v. Sacramento Business Journal, et al.

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 03/17/16 ordering that plaintiff shall submit within 21 days of the date of this order, the appropriate filing fee. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAVON PIERCE,

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No. 2:15-cv-2690 GEB KJN P

Plaintiff,
v.

ORDER

SACRAMENTO BUSINESS JOURNAL,
et al.,
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. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C.

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§ 636(b)(1).

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Plaintiff seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Review

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of court records reveals that on at least three occasions lawsuits filed by the plaintiff have been

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dismissed on the grounds that they were frivolous or malicious or failed to state a claim upon

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which relief may be granted, as set forth below:

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Pierce v. California State, CV 12-9211 UA (CW) (C.D. Cal.), November 20, 2012,
dismissed as frivolous, malicious or fails to state a claim upon which relief may be granted. Id.,
ECF No. 5.

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Pierce v. Gonzales, 1:10-cv-025 JLT (E.D. Cal.), December 3, 2012, dismissed for failure
to state a claim. Id., ECF No. 27.
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Pierce v. Warden of Lancaster, CV 13-1939 UA (CW), March 28, 2013, dismissed as
frivolous, malicious or fails to state a claim upon which relief may be granted. Id., ECF No. 2.

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Pierce v. Lancaster State Prison, 2:13-cv-8126 (C.D. Cal.), December 3, 2013, dismissed
as frivolous, malicious or fails to state a claim upon which relief may be granted. Id., ECF No. 6.

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Pierce v. Unknown, 1:15-cv-0650 LJO DLB (E.D. Cal.), December 1, 2015, dismissed for
failure to state a claim. Id., ECF No. 38.

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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: March 17, 2016

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/pier2690.1915g

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