Thompson v. Capt. Paleka, et al

Filing 8

DISMISSAL ORDER."Plaintiff has not submitted the $400 civil filing fee and this action is DISMISSED without prejudice. The Clerk of Court is directed to enter judgment and terminate this action." Signed by JUDGE SUSAN OKI MO LLWAY on 2/6/18. (cib, )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). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
THAD THOMPSON, #A5013250,

) CIV. NO. 17 00531 SOM KJM
)
Plaintiff,
) DISMISSAL ORDER
)
vs.
)
)
CAPT. PALEKA, et al.,
)
)
Defendants.
)
__________________________ )
DISMISSAL ORDER
On November 13, 2017, the court determined that
Plaintiff had accrued “three strikes” pursuant to 28
U.S.C. § 1915(g),1 had failed to make a plausible
showing that he was in imminent danger of serious
physical injury when he commenced this action, and
could not proceed in forma pauperis in this action.
See Order, ECF No. 4; see also Andrews v. Cervantes,
493 F.3d 1047, 1055 (9th Cir. 2007).
Plaintiff was informed that he could: (1) file an
1

See Thompson v. Dep’t of Public Safety, No. 1:17-cv-00250
DKW-KJM (D. Haw. Aug. 2, 2017) (dismissed for failure to state a
claim); Thompson v. Dep’t of Public Safety, No. 1:17-cv-00235
LEK-KSC (D. Haw. Aug. 1, 2017) (same); Thompson v. Burns, No.
2:13-cv-01715-PHX-SPL (D. Ariz. July 14, 2014) (same). See
http://pacer.psc.uscourts.gov,(last visit Dec. 24, 2017). See
also Thompson v. Hamilton, No. 1:17-cv-00520 JMS-RLP (D. Haw.
Oct. 27, 2017) (notifying Plaintiff of strikes).

amended pleading on or before December 13, 2017, that
plausibly alleged that he was in imminent danger of
serious physical injury when he commenced the action;
or (2) pay the civil filing fee by that date.

ECF No.

4.
On December 14, 2017, Plaintiff filed an Amended
Complaint.

ECF No. 5.

The amended pleading failed to

show that Plaintiff was in imminent danger of serious
physical injury when he commenced the action, or when
he filed the Amended Complaint and the court denied
Plaintiff’s renewed application to proceed in forma
pauperis.

Plaintiff was directed to submit the civil

filing fee on or before January 25, 2018, or the action
would be terminated.

Order, ECF No. 6.

Although given the opportunity, Plaintiff has not
submitted the $400 civil filing fee and this action is
DISMISSED without prejudice.

The Clerk of Court is

directed to enter judgment and terminate this action.

2

IT IS SO ORDERED.
DATED: Honolulu, Hawaii, February 6, 2018.

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

Thompson v. Paleka, No. 1:17-cv-00531 SOM-KJM; 3 strikes ‘18 Thompson 17-531 som (DSM
3 strks no $)

3