Thomas v. Roberts et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/16/16 ORDERING that 6 Motion to Proceed IFP is DENIED; Plaintiff is granted 14 days within which to pay the $400 filing fee for this action. Failure to pay the filing fee within 14 days will result in dismissal.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSH THOMAS,

12
13
14

No. 2:16-cv-0724 CKD P
Plaintiff,

v.

ORDER

BRIAN ROBERTS, et al.,

15

Defendants.

16
17

Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding

18

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

19

consented to have all matters in this action before a United State Magistrate Judge. See 28 U.S.C.

20

§ 636(c).

21
22
23
24
25
26
27
28

Plaintiff has requested leave to proceed in forma pauperis. Title 28 U.S.C. § 1915(g)
reads as follows:
In no event shall a prisoner bring a civil action . . . [in forma
pauperis] if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility, brought an action or appeal
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, unless the prisoner is under imminent danger
of serious physical injury.
A review of court records from this court reveals that, while incarcerated, and before this
action was filed, plaintiff had three actions dismissed specifically for failure to state a claim upon
1

1

which relief can be granted: 1:99-cv-5350 AWI LJO P; 1:04-cv-5793 MJS P; and 1:15-cv-0527

2

LJO DLB P. There is no allegation by plaintiff in his complaint that he is under imminent danger

3

of serious physical injury.

4

In light of the foregoing, plaintiff’s request for leave to proceed in forma pauperis will be

5

denied. Plaintiff will be granted fourteen days within which to pay the filing fee for this action.

6

Failure to pay the filing fee within fourteen days will result in dismissal.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 6) is denied.

9

2. Plaintiff is granted fourteen days within which to pay the $400 filing fee for this action.

10

Failure to pay the filing fee within fourteen days will result in dismissal.

11

Dated: May 16, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17

1
thom0724.3ks

18
19
20
21
22
23
24
25
26
27
28
2