Taylor v. Beam et al
Filing
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ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 04/05/2012. (Attachments: # 1 Certificate/Proof of Service)(rbe, COURT STAFF) (Filed on 4/5/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JEFFREY LAMONT TAYLOR, D41759, )
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) No. C 12-0037 CRB (PR)
Plaintiff(s),
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) ORDER OF DISMISSAL
vs.
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) (Docket # 6)
SGT. BEAM, et al.,
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Defendant(s).
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Plaintiff, a prisoner at California State Prison, Corcoran and frequent
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litigant in federal court, filed a pro se complaint under 42 U.S.C. § 1983 seeking
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damages for alleged violations of his federal rights while he was incarcerated at
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Salinas Valley State Prison (SVSP). He also sought to proceed in forma pauperis
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under 28 U.S.C. § 1915.
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Per order filed on January 23, 2012, the court found that 28 U.S.C. §
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1915(g) bars plaintiff from proceeding in forma pauperis in this action because
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plaintiff: (1) has had three or more prior prisoner actions dismissed by a federal
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district court on the grounds that they are frivolous, malicious, or fail to state a
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claim upon which relief may be granted; and (2) is not seeking relief from a
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danger of serious physical injury which is imminent at the time of filing. Jan. 23,
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2012 Order at 2 (citing cases).
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Pursuant to the law of the circuit, plaintiff nonetheless was afforded an
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opportunity to persuade the court that § 1915(g) does not bar pauper status for
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him. Id. (citing Andrews v. King, 398 F.3d 1113, 1120 (9th Cir. 2005)). The
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court gave plaintiff 30 days to "show cause why § 1915(g) does not bar pauper
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status for him," and explained that "[f]ailure to show cause, or pay the requisite
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$ 350.00 filing fee, within the designated time will result in the dismissal of this
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action without prejudice to bringing it in a new paid complaint." Id.
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Plaintiff has responded by filing a new prisoner's application to proceed in
forma pauperis under 28 U.S.C. § 1915. But he in no way shows in it, or
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anywhere else, that § 1915(g) does not bar pauper status for him in this prisoner
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civil rights action. Plaintiff's instant prisoner civil rights action accordingly is
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DISMISSED without prejudice to bringing it in a paid complaint.
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The clerk shall enter judgment in accordance with this order, terminate all
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pending motions (see, e.g., docket # 6) as moot, and close the file.
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SO ORDERED.
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DATED: 04/05/2012
CHARLES R. BREYER
United States District Judge
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G:\PRO-SE\CRB\CR.12\Taylor, J.12-0037.dismissal.3strikes.wpd
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