Weaver v. Lewis et al
Filing
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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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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 14-0046 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.
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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
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28 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 he (1) has had three or more prior prisoner actions dismissed by a federal
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court on the grounds that they are frivolous, malicious, or fail to state a claim upon which
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relief may be granted; and (2) does not appear to be seeking relief from a danger of serious
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physical injury which is imminent at the time of filing. The Court gave plaintiff notice of
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IN RE WEAVER
ORDER OF DISMISSAL
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these strikes and informed him that they were presumed valid because he had failed on prior
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occasions to challenge them successfully. Pursuant to the law of this Circuit, plaintiff
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nonetheless was afforded an opportunity to persuade the Court that § 1915(g) does not bar
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pauper status for him because he is “under imminent danger of serious physical injury.”
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28 U.S.C. § 1915(g).
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Plaintiff has failed to file a response or pay the filing fee in the above actions.
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Therefore, he has failed to show that his actions are not barred by 28 U.S.C. § 1915(g).
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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,
United States District Court
For the Northern District of California
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the Clerk shall terminate any pending motion(s), enter judgment in favor of defendants, and
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close the file.
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IT IS SO ORDERED.
DATED: December 8, 2014
RICHARD SEEBORG
United States District Judge
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IN RE WEAVER
ORDER OF DISMISSAL
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