Tagle v. Department of Homeland Security, et al

Filing 5

ORDER that all of Tagle's claims in this case are DISMISSED without prejudice. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 1/22/2018. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
Victor Tagle,

4

Plaintiff

5
6

Order Dismissing Case

v.

7

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

Department of Homeland Security, et al.,
Defendant

8
9

Pro se prisoner and plaintiff Victor Tagle applied to proceed in forma pauperis in this

10 civil-rights action. 1 Because at least three of his other actions have been dismissed as frivolous
11 or for failure to state a claim upon which any relief may be granted, Tagle could not proceed as a
12 pauper unless he could show that he was “under imminent danger of serious physical injury.” 2
13 Tagle failed to make the required showing, so I denied his motion and ordered him to pre-pay the
14 $400 filing fee. 3 I also warned Tagle that “this action will be dismissed without prejudice and
15 without further prior notice unless” he pays the fee “by December 18, 2017.” 4 That date has
16 passed, and Tagle still has not paid any portion of the filing fee. 5
17

Accordingly, IT IS HEREBY ORDERED that all of Tagle’s claims in this case are

18 DISMISSED without prejudice. The Clerk of Court is directed to CLOSE THIS CASE.
19 Dated: January 22, 2018
20

_______________________________
U.S. District Judge Jennifer A. Dorsey

21
22
23

1

ECF No. 1.

24

2

28 U.S.C. § 1915(g).

25

3

ECF NO. 3.

26

4

Id. at 2.

27

5

It also appears that Tagle’s address has changed but he failed to notify the court of his new
address in violation of LSR 2-2. See ECF No. 4 (mail returned as undeliverable).
28