Tagle v. Department of Homeland Security, et al

Filing 3

ORDER that 1 Application for Leave to Proceed in forma pauperis is DENIED. FURTHER ORDERED that this action will be dismissed without prejudice and without further prior notice unless plaintiff pays the $400.00 filing fee in full by December 18, 2017. The Clerk of the Court is directed to retain the complaint [ECF No. 1-1] and send plaintiff two copies of this order. Plaintiff must make the necessary arrangements to have one copy of this order attached to the check paying the filing fee. Signed by Judge Jennifer A. Dorsey on 11/16/2017. (Copies have been distributed pursuant to the NEF: 2 copies to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Victor Tagle,

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Plaintiff

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v.

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Case No. 2:17-cv-02846-JAD-NJK
Order

Department of Homeland Security, et al.,

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[ECF No. 1]

Defendants

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Pro se prisoner Victor Tagle brings this civil-rights action and applies to proceed in forma
pauperis.1

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Mr. Tagle is a frequent filer at this courthouse. On at least three occasions, the Court has

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dismissed actions filed by Mr. Tagle while in detention as malicious or for failure to state a claim

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upon which any relief may be granted. Title 28 U.S.C. § 1915(g) provides, “if [a] prisoner has,

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on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or

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appeal in a court of the United States that was dismissed on the grounds that it is frivolous,

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malicious, or fails to state a claim upon which relief may be granted,” he may not proceed in

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forma pauperis and, instead, must pay the full $400.00 filing fee in advance unless he is “under

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imminent danger of serious physical injury.”2

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Mr. Tagle alleges issues with his previous military service and immigration status, but his

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allegations fail to show that he is in imminent danger of serious physical injury.3 So, if Mr. Tagle

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wants to proceed with this action, he must pre-pay the $400.00 filing fee in full.

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ECF Nos. 1, 1-1.

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28 U.S.C. § 1915(g).

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Id. See Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007) (holding that the exception
to § 1915(g) applies if the complaint makes a plausible allegation that the prisoner faced
imminent danger of serious physical injury at the time of filing).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s application to proceed in forma
pauperis [ECF No. 1] is DENIED.

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IT IS FURTHER ORDERED that this action will be dismissed without prejudice and

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without further prior notice unless plaintiff pays the $400.00 filing fee in full by December

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18, 2017.

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The Clerk of the Court is directed to retain the complaint [ECF No. 1-1] and send

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plaintiff two copies of this order. Plaintiff must make the necessary arrangements to have one

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copy of this order attached to the check paying the filing fee.

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DATED: November 16, 2017

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_______________________________
________________
_ _____ __ _
U.S. District Judge Jennifer A. Dorsey
rict Judge Jennifer
c d
dg
n f

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