Roberts v. Monterey County Jail et al

Filing 24

ORDER OF DISMISSAL (Illston, Susan) (Filed on 4/26/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID ROBERTS, Plaintiff, 8 Re: Dkt. Nos. 11, 16, 17 MONTEREY COUNTY JAIL, et al., Defendants. 11 United States District Court Northern District of California ORDER OF DISMISSAL v. 9 10 Case No. 20-cv-06113-SI 12 13 On January 25, 2021, the court ordered plaintiff, David Nathaniel Roberts, to show cause 14 within 28 days why this action should not be dismissed under 28 U.S.C. § 1915(g), which provides 15 that a prisoner may not bring a civil action in forma pauperis under 28 U.S.C. § 1915 “if the prisoner 16 has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action 17 or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, 18 malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under 19 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). The order identified five prior 20 dismissals that appeared to count under § 1915(g) and ordered plaintiff to show cause why pauper 21 status should not be denied and the action should not be dismissed. The order further stated that 22 plaintiff also could avoid dismissal by paying the filing fee by the deadline. Plaintiff did not respond to the order to show cause, and the deadline by which to do so has 23 24 passed. 25 Each of the five earlier dismissals identified in the order to show cause counts as a dismissal 26 for § 1915(g) purposes. Plaintiff has not paid the filing fee, has not shown that any of the prior 27 dismissals could not be counted under § 1915(g), does not appear to have been under imminent 28 danger of serious physical injury at the time he filed this action, and has not otherwise shown cause 1 why this action could not be dismissed. For the foregoing reasons, plaintiff's in forma pauperis 2 application is DENIED. Docket Nos. 11, 16, 17. This action is DISMISSED for failure to pay the 3 filing fee. The dismissal is without prejudice to plaintiff asserting his claims in a new complaint for 4 which he pays the full filing fee at the time he files that action. 5 The clerk shall close the file. 6 IT IS SO ORDERED. 7 8 9 Dated: April 26, 2021 ______________________________________ SUSAN ILLSTON United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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