(PC) Uhuru v. Cuevas et al

Filing 16

ORDER signed by Magistrate Judge Deborah Barnes on 03/26/2024 GRANTING IN PART 15 Motion for Extension of Time. Plaintiff to pay the $402 filing fee by 05/22/2024. (Murphy, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KOHEN DIALLO E. UHURU,

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No. 2:23-cv-1380 TLN DB P

Plaintiff,
v.

ORDER

DANIEL E. CUEVAS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. §1983. Plaintiff claims that defendants violated his right to be free of cruel and unusual

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punishment in violation of the Eighth Amendment.

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On August 28, 2023, the undersigned recommended that plaintiff’s motion to proceed in

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forma pauperis be denied because plaintiff accrued three strikes prior to filing the complaint in

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this action. (ECF No. 8.) The undersigned further determined that the allegations in the

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complaint were not sufficient to meet the imminent danger exception set forth in 28 U.S.C.

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§1915(g). (Id. at 3-5.) On September 22, 2023, the district court adopted the recommendations in

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full and ordered plaintiff to pay the $402 filing fee within thirty days.

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Thereafter, plaintiff sought a 90-day extension of time to pay the filing fee. Among other

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things, plaintiff alleged that he was waiting for a tax refund check from the IRS and the extension

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of time would allow him to pay the filing fee. This court found good cause for the request and
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granted it. (ECF No. 14.) However, this court warned plaintiff that he must demonstrate

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extraordinary circumstances to obtain any further extensions of time.

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Plaintiff’s filing fee was due on March 22. Just prior to that date, plaintiff filed a second

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request for an extension of time. (ECF No. 15.) Plaintiff again seeks 90 additional days to pay

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the fee. Plaintiff states that he is still waiting for his tax refund. He contends that due to

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quarantines for COVID outbreaks, he has been unable to investigate the IRS’s delay in providing

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it. This court finds plaintiff has sufficiently demonstrated a need for some additional time.

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However, plaintiff provides no reason for the extensive amount of time he seeks. Plaintiff has

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known since he was served with the September 22, 2023 order that he must pay the filing fee if he

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wishes to proceed with this case. Plaintiff has had six months to pay the fee. This court will give

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plaintiff an additional two months. No further extensions of time will be given.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED that

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1. Plaintiff’s request for an extension of time (ECF No. 15) is granted in part.

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2. On or before May 22, 2024, plaintiff shall pay the $402 filing fee. If plaintiff fails to

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pay the filing fee by that date, this court will recommend this case be dismissed.

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Dated: March 26, 2024

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DB:9
DB/DB Prisoner Inbox/Civil Rights/R/uhur1380.eot2(fee)

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