Weaver v. Lewis et al

Filing 7

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 10/20/2014. (Attachments: # 1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 10/21/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 13 IN RE WILLIE WEAVER, No. C 14-1075 RS (PR) No. C 14-1288 RS (PR) No. C 14-1496 RS (PR) No. C 14-2449 RS (PR) No. C 14-2599 RS (PR) No. C 14-2600 RS (PR) No. C 14-2685 RS (PR) Plaintiff. 14 15 16 ORDER OF DISMISSAL / 17 18 19 Plaintiff, a state prisoner proceeding pro se, filed the above civil rights complaints 20 under 42 U.S.C. § 1983. He also applied to proceed in forma pauperis (“IFP”) under 28 21 U.S.C. § 1915 in each action. 22 The Court found that 28 U.S.C. § 1915(g) bars plaintiff from proceeding IFP in these 23 actions because plaintiff (1) has had three or more prior prisoner actions dismissed by a 24 federal court on the grounds that they are frivolous, malicious, or fail to state a claim upon 25 which relief may be granted; and (2) does not appear to be seeking relief from a danger of 26 serious physical injury which is imminent at the time of filing. Pursuant to the law of this 27 Circuit, plaintiff nonetheless was afforded an opportunity to persuade the Court that 28 IN RE WEAVER ORDER OF DISMISSAL 1 § 1915(g) does not bar pauper status for him. Id. (citing Andrews v. King, 398 F.3d 1113, 2 1120 (9th Cir. 2005)). The Court gave plaintiff over 80 days to show cause why § 1915(g) 3 does not bar pauper status for him, and explained that failure to file a timely response or to 4 pay the filing fee will result in the dismissal of this action without prejudice to bringing his 5 claims in anew paid complaint. 6 Plaintiff has failed to file a response or pay the filing fee in the above actions. 7 Accordingly, each action listed above is DISMISSED without prejudice to plaintiff bringing 8 his claims in new paid complaints. His motions to proceed IFP are DENIED. In each action, 9 the Clerk shall terminate any pending motion(s), enter judgment in favor of defendants, and United States District Court For the Northern District of California 10 11 12 close the file. IT IS SO ORDERED. DATED: October 20, 2014 RICHARD SEEBORG United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IN RE WEAVER ORDER OF DISMISSAL

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