Bonilla v. Heidelberger

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/27/2018 VACATING the court's 6/28/2018 5 findings and recommendations. Plaintiff's 6 application to proceed ifp is DENIED. Plaintiff is GRANTED 14 days within which to pay the $400.00 filing fee for this action. Failure to pay the filing fee within 14 days will result in dismissal. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVIN WAYNE BONILLA,

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Plaintiff,

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No. 2:18-cv-1233 JAM CKD P

v.

ORDER

CANDICE HEIDELBERGER,

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Defendant.

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Plaintiff is a California prisoner proceeding pro se with a civil action. On May 21, 2018,

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the court ordered plaintiff to either submit a request to proceed in forma pauperis or pay the filing

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fee. However, the court recently learned that plaintiff is not permitted to proceed in forma

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pauperis because he has “struck out” pursuant to Title 28 U.S.C. § 1915(g), Bonilla v. Lively,

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4:11-cv-3180 CW (N.D. Cal. Oct. 25, 2011), and he does not allege he is under “imminent danger

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of serious physical injury.”

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Accordingly, IT IS HEREBY ORDERED that:

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1. The court’s June 28, 2018 findings and recommendations are vacated;

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2. Plaintiff’s application to proceed in forma pauperis (ECF No. 6) is denied; and

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

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Failure to pay the filing fee within 14 days will result in dismissal.

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Dated: August 27, 2018

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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