Stephen v. Cooley

Filing 9

ORDER OF DISMISSAL (Illston, Susan) (Filed on 11/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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8 JIMMIE STEPHEN,

No. C 13-2205 SI (pr)

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ORDER OF DISMISSAL

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For the Northern District of California

United States District Court

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Plaintiff,
v.
DENTIST COOLEY,

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On September 4, 2013, the court ordered plaintiff, Jimmie Stephen, to show cause why
this action should not be dismissed under 28 U.S.C. § 1915(g), which provides that a prisoner
may not bring a civil action in forma pauperis under 28 U.S.C. § 1915 "if the prisoner has, on
3 or more prior occasions, while incarcerated or detained in any facility, brought an action or
appeal in a court of the United States that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under
imminent danger of serious physical injury." 28 U.S.C. § 1915(g). The order identified five
prior dismissals that appeared to count under § 1915(g), stated that plaintiff did not appear to be
under imminent danger of serious physical injury when he filed the complaint, and ordered
plaintiff to show cause why pauper status should not be denied and the action should not be
dismissed. The order further stated that plaintiff also could avoid dismissal by paying the filing
fee by the deadline.
Plaintiff did not file any response to the order to show cause, and the deadline by which
to do so has long passed.

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Each of the five cases identified in the order to show cause counts as a dismissal for §

2 1915(g) purposes. Plaintiff did not pay the filing fee, did not show that any of the prior
3 dismissals could not be counted under § 1915(g), does not appear to be under imminent danger
4 of serious physical injury, and did not otherwise show cause why this action could not be
5 dismissed. For the foregoing reasons, plaintiff's in forma pauperis application is DENIED.
6 (Docket # 2, # 4.) This action is dismissed for failure to pay the filing fee. The clerk shall close
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IT IS SO ORDERED.

9 Dated: November 22, 2013

_____________________
SUSAN ILLSTON
United States District Judge

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For the Northern District of California

United States District Court

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