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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ANTHONY S. BERRINGER,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-2512 PJH (PR)

v.

ORDER OF DISMISSAL

M. SANDOVAL, et al.,
Defendants.
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This is a civil rights case filed pro se by a state prisoner. A prisoner may not bring a

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civil action in forma pauperis (“IFP”) "if the prisoner has, on 3 or more prior occasions, while

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incarcerated or detained in any facility, brought an action or appeal in a court of the United

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States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a

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claim upon which relief may be granted, unless the prisoner is under imminent danger of

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serious physical injury." 28 U.S.C. § 1915(g).

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The court issued an order to plaintiff noting that it appeared he had at least four

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cases previously dismissed as frivolous, malicious, or for failure to state a claim, and listed

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them. He was ordered to show cause within thirty days why leave to proceed IFP should

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not be denied. When he failed to show cause, IFP was denied and he was ordered to pay

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the $350 filing fee within thirty days. He was warned that if he did not the case would be

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dismissed. He has not paid the fee. The case is DISMISSED and plaintiff’s motion (Docket

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No. 3) is DENIED as moot. The clerk shall close the file.

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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