Weaver v. William

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/6/2017 GRANTING plaintiff 14 days to pay the $400.00 filing fee. Failure to pay the filing fee within fourteen days will result in a recommendation that this action be dismissed.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

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Plaintiff,

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No. 2:17-cv-1338 CKD P

v.

ORDER

WILLIAM,

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Defendant.

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Plaintiff is a California prisoner proceeding pro se with a civil action. This proceeding
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was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
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Plaintiff has not paid the $400 filing fee for this action and he is precluded from
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proceeding in forma pauperis under 28 U.S.C. § 1915(g).1 Good cause appearing, the court will

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grant plaintiff 14 days within which to pay the filing fee. If plaintiff fails to pay the filing fee
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within 14 days this action will be dismissed.
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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). 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. The allegations in plaintiff’s complaint do not amount to
a showing of imminent danger of serious physical injury.
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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days within

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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: July 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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weav1338.3ks

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