Blackman v. Bracamonte et al

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/10/18 DENYING 4 Motion to Proceed IFP. Plaintiff is granted 14 days within which to pay the $400.00 filing fee for this action. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY BLACKMAN,

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Plaintiff,

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No. 2:17-cv-2636 CKD P

v.

ORDER

P. BRACAMONTE, et al.,

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Defendants.

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Plaintiff has filed a complaint pursuant to 42 U.S.C. § 1983. However, he has not paid the

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$400 filing fee. Plaintiff may not proceed in forma pauperis as he has “struck out” pursuant to

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28 U.S.C. § 1915(g), see 2:14-cv-2958 KJM KJN P, and he does not allege in his complaint that

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he is under “imminent danger of serious physical injury.”
Good cause appearing, plaintiff will be given 14 days within which to pay the filing fee

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for this action. Plaintiff’s failure to pay the filing fee within 14 days will result in a

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recommendation that this action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 4) is denied;

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2. Plaintiff is granted 14 days within which to pay the $400 filing fee for this action; and

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3. Failure to pay the filing fee within 14 days will result in a recommendation that this

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action be dismissed.

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Dated: January 10, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly
blac2636.3ks

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