Weaver v. Lewis et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 12/8/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 12/8/2014)

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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 14-0046 RS (PR) No. C 14-2823 RS (PR) No. C 14-2906 RS (PR) No. C 14-3019 RS (PR) No. C 14-3148 RS (PR) No. C 14-3149 RS (PR) No. C 14-3307 RS (PR) No. C 14-3308 RS (PR) No. C 14-3967 RS (PR) Plaintiff. 14 15 16 17 ORDER OF DISMISSAL / 18 19 20 Plaintiff, a state prisoner proceeding pro se, filed the above civil rights complaints 21 under 42 U.S.C. § 1983. He also applied to proceed in forma pauperis (“IFP”) under 22 28 U.S.C. § 1915 in each action. 23 The Court found that 28 U.S.C. § 1915(g) bars plaintiff from proceeding IFP in these 24 actions because he (1) has had three or more prior prisoner actions dismissed by a federal 25 court on the grounds that they are frivolous, malicious, or fail to state a claim upon which 26 relief may be granted; and (2) does not appear to be seeking relief from a danger of serious 27 physical injury which is imminent at the time of filing. The Court gave plaintiff notice of 28 IN RE WEAVER ORDER OF DISMISSAL 1 these strikes and informed him that they were presumed valid because he had failed on prior 2 occasions to challenge them successfully. Pursuant to the law of this Circuit, plaintiff 3 nonetheless was afforded an opportunity to persuade the Court that § 1915(g) does not bar 4 pauper status for him because he is “under imminent danger of serious physical injury.” 5 28 U.S.C. § 1915(g). 6 Plaintiff has failed to file a response or pay the filing fee in the above actions. 7 Therefore, he has failed to show that his actions are not barred by 28 U.S.C. § 1915(g). 8 Accordingly, each action listed above is DISMISSED without prejudice to plaintiff bringing 9 his claims in new paid complaints. His motions to proceed IFP are DENIED. In each action, United States District Court For the Northern District of California 10 the Clerk shall terminate any pending motion(s), enter judgment in favor of defendants, and 11 close the file. 12 13 IT IS SO ORDERED. DATED: December 8, 2014 RICHARD SEEBORG United States District Judge 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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