White v. Montgomery

Filing 4

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: Denies Plaintiffs Motion to Proceed IFP (ECF No. 2) as barred by 28 U.S.C. § 1915(g); Dismisses thiscivil action without prejudice based on Plaintiffs failure to pay the full statutory and ad ministrative $400 civil filing fee required by 28 U.S.C. § 1914(a); Certifies that an IFP appeal from this Order would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. Uni ted States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous); and Directs the Clerk of Court to close the file. It Is So Ordered.Signed by Judge Cathy Ann Bencivengo on 6/15/2018.(All non-registered users served via U.S. Mail Service)(jjg)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Larry White
Civil Action No. 18-cv-00877-CAB-PCL
Plaintiff,
V.

JUDGMENT IN A CIVIL CASE

W.L. Montgomery, Warden

Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
Denies Plaintiff’s Motion to Proceed IFP (ECF No. 2) as barred by 28 U.S.C. § 1915(g); Dismisses this
civil action without prejudice based on Plaintiff’s failure to pay the full statutory and administrative
$400 civil filing fee required by 28 U.S.C. § 1914(a); Certifies that an IFP appeal from this Order
would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).
See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th
Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be
frivolous); and Directs the Clerk of Court to close the file. It Is So Ordered.

Date:

6/15/18

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ J. Gutierrez
J. Gutierrez, Deputy