Howze v. Malmendier et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/30/17 ordering that plaintiff shall submit within 21 days from the date of this order, the appropriate filing ffee. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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J.L. HOWZE,
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No. 2:16-cv-1737 GEB KJN P
Plaintiff,
v.
ORDER
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RICK MALMENDIER, 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 was granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 on May
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3, 2017. 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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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:
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1. Howze v. Vela, Case No. CV-13-1610 UA (RZ) (C.D. Cal. March 19, 2013) (the
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action was “frivolous, malicious or fails to state a claim upon which relief may be granted,” citing
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28 U.S.C. § 1915(g), “leave to amend would be futile.”).
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2. Howze v. Vela, Case No. 13-56019 (9th Cir. Jun. 12, 2013) (found appeal to be
frivolous and denied request to proceed in forma pauperis).
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3. Howze v. Tanaka, Case No. 2:13-cv-4422 UA (RZ) (C.D. Cal. July 15, 2013) (denied
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in forma pauperis status because the action was “frivolous, malicious or fails to state a claim upon
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which relief may be granted.”).
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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,
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: August 30, 2017
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