Cooks v. United States Court of Appeal for the Ninth Circuit et al
Filing
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ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 2/25/2016. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/29/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHARLES REGINALD COOKS, AT7962, )
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) No. C 16-0230 CRB (PR)
Plaintiff(s),
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) ORDER OF DISMISSAL
vs.
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UNITED STATES COURT OF APPEALS ) (Dkt. #10)
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SUPERVISOR, et al.,
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Defendant(s).
)
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Plaintiff, a prisoner at California State Prison, Solano and frequent litigant
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in federal court, filed a pro se complaint under 42 U.S.C. § 1983 challenging the
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allegedly unlawful actions of a court clerk. Plaintiff also sought to proceed in
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forma pauperis (IFP) under 28 U.S.C. § 1915.
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On January 21, 2016, the court found that 28 U.S.C. § 1915(g) bars
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plaintiff from proceeding IFP in this action because plaintiff: (1) has had three or
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more prior prisoner actions dismissed by a federal district court on the grounds
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that they are frivolous, malicious, or fail to state a claim upon which relief may
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be granted; and (2) is not seeking relief from a danger of serious physical injury
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which is imminent at the time of filing. Jan. 21, 2016 Order at 2 (citing cases).
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Pursuant to the law of the circuit, plaintiff nonetheless was afforded an
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opportunity to persuade the court that § 1915(g) does not bar IFP status for him.
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Id. (citing Andrews v. King, 398 F.3d 1113, 1120 (9th Cir. 2005)). The court
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gave plaintiff 28 days to “show cause why § 1915(g) does not bar IFP status for
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him,” and explained that “[f]ailure to show cause, or pay the requisite
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$ 400.00 filing fee, within the designated time will result in the dismissal of this
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action without prejudice to bringing it in a new paid complaint.” Id.
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Plaintiff has responded by filing an amended complaint and a new
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prisoner’s application to proceed IFP under 28 U.S.C. § 1915. But he in no way
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shows in these filings, or anywhere else, that § 1915(g) does not bar IFP status
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for him in this prisoner action. Plaintiff’s instant prisoner action accordingly is
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DISMISSED without prejudice to bringing it in a paid complaint.
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The clerk shall enter judgment in accordance with this order, terminate all
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pending motions (see dkt. #10) as moot, and close the file.
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SO ORDERED.
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DATED: Feb. 25, 2016
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CHARLES R. BREYER
United States District Judge
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G:\PRO-SE\CRB\CR.16\Cooks, C.16-0230.dismissal.wpd
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