Bontemps v. Lebeck

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 6/8/2017 ORDERING plaintiff shall pay the full filing fees of $350.00 within 30 days.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY BONTEMPS,
Plaintiff,

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vs.

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No. 2:17-CV-0881-CMK-P

ORDER

J. LEBECK,
Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Plaintiff has not paid the filing fees.1 Plaintiff will be provided an opportunity

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to pay the filing fees and is cautioned that failure to do so may result in the dismissal of this

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action for lack of prosecution and failure to comply with court rules and orders. See Local Rule

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110.

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Because plaintiff has had three or more prior cases dismissed for failure to state a
claim, and because plaintiff’s current complaint of a one-time incident where plaintiff was
allegedly made to walk up two flights of stairs despite his disabled status does not indicate
imminent danger, plaintiff is not entitled to in forma pauperis status. See 28 U.S.C. § 1915(g).
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Accordingly, IT IS HEREBY ORDERED that plaintiff shall pay the full filing fees
of $350.00 within 30 days of the date of this order.

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DATED: June 8, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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