Turner v. Barrer et al

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/18/16 ORDERING that 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 a recommendation that this action be dismissed. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,

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No. 2:16-cv-2251 TLN CKD P

v.

ORDER

D. BARRER, et al.,

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Defendants.

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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

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rights under 42 U.S.C. § 1983. Plaintiff has not paid the $400 filing fee for this action, nor

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submitted an application to proceed in forma pauperis. Because plaintiff is not eligible to proceed

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in forma pauperis, plaintiff will be required to pay the $400 filing fee within fourteen days.
Title 28 U.S.C. § 1915(g) reads as follows:

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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.

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After reviewing the numerous cases filed by plaintiff in this court, the court finds at least

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three 1915(g) “strikes:”

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/////
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1. 2:08-cv-2087 EFB P, dismissed on December 7, 2010 for failure to state a claim.

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2. 2:10-cv-2369 MCE EFB P, dismissed on July 9, 2012 for failure to state a claim.1

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3. 1:11-cv-1395 GBC P, dismissed on April 13, 2012 for failure to state a claim.

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As for “imminent danger of serious physical injury,” plaintiff does challenge the medical

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care he is receiving for various ailments and injuries. However, plaintiff does not point to facts

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suggesting a serious physical injury which could be prevented by proper medical care not being

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provided to plaintiff is imminent.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days within
which to pay the $400 filing fee for this action. Failure to pay the filing fee within fourteen days

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will result in a recommendation that this action be dismissed.

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Dated: October 18, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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turn2251.pay

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Plaintiff was given an opportunity in this action to cure the deficiencies in his pleadings by way
of an amended complaint, but plaintiff chose not to amend.
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