Berringer v. Sandoval et al

Filing 8

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/11/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/11/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 ANTHONY S. BERRINGER, 8 Plaintiff, 9 11 For the Northern District of California United States District Court 10 No. C 12-2512 PJH (PR) v. ORDER OF DISMISSAL M. SANDOVAL, et al., Defendants. / 12 13 This is a civil rights case filed pro se by a state prisoner. A prisoner may not bring a 14 civil action in forma pauperis (“IFP”) "if the prisoner has, on 3 or more prior occasions, while 15 incarcerated or detained in any facility, brought an action or appeal in a court of the United 16 States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a 17 claim upon which relief may be granted, unless the prisoner is under imminent danger of 18 serious physical injury." 28 U.S.C. § 1915(g). 19 The court issued an order to plaintiff noting that it appeared he had at least four 20 cases previously dismissed as frivolous, malicious, or for failure to state a claim, and listed 21 them. He was ordered to show cause within thirty days why leave to proceed IFP should 22 not be denied. When he failed to show cause, IFP was denied and he was ordered to pay 23 the $350 filing fee within thirty days. He was warned that if he did not the case would be 24 dismissed. He has not paid the fee. The case is DISMISSED and plaintiff’s motion (Docket 25 No. 3) is DENIED as moot. The clerk shall close the file. 26 27 28 IT IS SO ORDERED. Dated: January 11, 2013. PHYLLIS J. HAMILTON United States District Judge G:\PRO-SE\PJH\CR.12\Berringer2512.dismiss no fee.wpd

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