Weaver v. Theo

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/06/17 ordering that plaintiff is granted 14 days within which to pay the $400.00 filing fee for this action. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WEAVER, 12 Plaintiff, 13 14 No. 2:17-cv-1132 CKD P v. ORDER THEO, 15 Defendant. 16 Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding 17 was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 18 Plaintiff has not paid the $400 filing fee for this action and he is precluded from 19 proceeding in forma pauperis under 28 U.S.C. § 1915(g).1 Good cause appearing, the court will 20 grant plaintiff 14 days within which to pay the filing fee. If plaintiff fails to pay the filing fee 21 within 14 days this action will be dismissed. 22 ///// 23 ///// 24 25 26 27 28 1 The court has disposed of approximately 200 cases filed by plaintiff since 2004. As plaintiff knows well by now, he has “struck out” under 28 U.S.C. § 1915(g). Plaintiff was last identified as a “three strikes” litigant June 27, 2016 in Weaver v. Sacramento Police Dep’t, 2:15-1832 GEB AC P. Being a “three strikes” litigant, plaintiff may only proceed in forma pauperis if he alleges he is under imminent danger of serious physical injury in his pleadings. Plaintiff’s pleadings concern denial of envelopes. 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days within 2 which to pay the $400 filing fee for this action. Failure to pay the filing fee within fourteen days 3 will result in a recommendation that this action be dismissed. 4 Dated: June 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 weav1132.3ks 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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