Weaver v. Harrassment's, Conspiracy's Threats et al
Filing
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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) Modified on 10/21/2014 (mklS, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN FRANCISCO DIVISION
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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.
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ORDER OF DISMISSAL
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Plaintiff, a state prisoner proceeding pro se, filed the above civil rights complaints
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under 42 U.S.C. § 1983. He also applied to proceed in forma pauperis (“IFP”) under 28
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U.S.C. § 1915 in each action.
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The Court found that 28 U.S.C. § 1915(g) bars plaintiff from proceeding IFP in these
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actions because plaintiff (1) has had three or more prior prisoner actions dismissed by a
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federal court on the grounds that they are frivolous, malicious, or fail to state a claim upon
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which relief may be granted; and (2) does not appear to be seeking relief from a danger of
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serious physical injury which is imminent at the time of filing. Pursuant to the law of this
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Circuit, plaintiff nonetheless was afforded an opportunity to persuade the Court that
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IN RE WEAVER
ORDER OF DISMISSAL
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§ 1915(g) does not bar pauper status for him. Id. (citing Andrews v. King, 398 F.3d 1113,
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1120 (9th Cir. 2005)). The Court gave plaintiff over 80 days to show cause why § 1915(g)
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does not bar pauper status for him, and explained that failure to file a timely response or to
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pay the filing fee will result in the dismissal of this action without prejudice to bringing his
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claims in anew paid complaint.
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Plaintiff has failed to file a response or pay the filing fee in the above actions.
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Accordingly, each action listed above is DISMISSED without prejudice to plaintiff bringing
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his claims in new paid complaints. His motions to proceed IFP are DENIED. In each action,
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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
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close the file.
IT IS SO ORDERED.
DATED: October 20, 2014
RICHARD SEEBORG
United States District Judge
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IN RE WEAVER
ORDER OF DISMISSAL
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