Taylor v. Montana et al

Filing 8

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, )
)
) No. C 12-0038 CRB (PR)
Plaintiff(s),
)
) ORDER OF DISMISSAL
vs.
)
) (Docket # 7)
E. MONTANA, et al.,
)
)
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 # 7) as moot, and close the file.

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SO ORDERED.

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DATED: 04/05/2012
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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.12\Taylor, J.12-0038.dismissal.3strikes.wpd

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