Tierney

Filing 8

ORDER DENYING MOTION FOR EXTENSION OF TIME re 7 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/16/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Michael C. Tierney shall be served by first class mail at the address of record on October 17, 2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN RE: MICHAEL C.

TIERNEY

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NO. 1:12cv-00532 SOM/KSC
ORDER DENYING MOTION FOR
EXTENSION OF TIME

On September 27, 2012, the court issued an automatic
Deficiency Order in this action, informing Plaintiff that he must
either submit the civil filing fee or an in forma pauperis
application within thirty days to proceed with his suit in this
court.

ECF #4.

This order is routinely issued in all pro se

actions that are filed without a civil filing fee or in forma
pauperis application.
On October 2, 2012, however, the court screened the
Complaint pursuant to 28 U.S.C. § 1915A, and determined that
Plaintiff, who is incarcerated, has accrued more than three
strikes under 28 U.S.C. § 1915(g), and may not proceed in forma
pauperis unless he plausibly alleges that he is in imminent
danger of serious physical injury.
F.3d 1047, 1053 (9th Cir. 2007).

See Andrews v. Cervantes, 493
Because Plaintiff did not

allege imminent danger of serious physical injury at the time he
filed this action, the court dismissed this action without
prejudice to Plaintiff’s alleging the same claims in a new action
with concurrent payment of the civil filing fee.
ECF #5, PageID #14.

Dismissal Ord.,

Plaintiff now seeks an extension of time to file an in
forma pauperis application, apparently unaware that the court has
determined that he may not proceed in forma pauperis based on the
allegations in this action.

Mot., ECF #7 (signed October 6,

2012).
For the reasons set forth in the October 2, 2012,
Dismissal Order, Plaintiff’s Motion is DENIED.

Plaintiff does

not allege imminent danger and is not entitled to proceed in
forma pauperis.

If Plaintiff wishes to reassert these claims, he

may do so by submitting the entire $350.00 filing fee when he
files his action.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, October 16, 2012.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

In re: Tierney, No. 1:12-cv-00532 SOM/KSC; Order Denying Motion for Extension
of Time; G:\docs\prose attys\Non-disp Ords\DMP\2012\Tierney 12-532 som (dny
ext time for IFP).wpd

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