Stephen v. Access SecurePak et al

Filing 9

ORDER. IT IS ORDERED AND ADJUDGED that this action shall be DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee. The Clerk of Court shall enter final judgment accordingly. Signed by Judge Larry R. Hicks on 08/24/09. (Copies have been distributed pursuant to the NEF - MLC)

1 2 3 4 5 6 7 8 9 10 Plaintiff, 11 vs. 12 ACCESS SECUREPAK, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Jimmie Stephen, a prisoner in California, submitted a pro se complaint to this Court seeking to initiate a civil rights action. Plaintiff also submitted an application to proceed in forma pauperis ("IFP"). On July 20, 2009, the Court vacated and withdrew its prior order that had granted plaintiff's pauper application. (Order, #7). The Court found that plaintiff may not proceed IFP because he had "struck out" within the meaning of 28 U.S.C. § 1915(g). The Court then ordered plaintiff must prepay the $350.00 filing fee in full no later than thirty (30) days after entry of the order. Plaintiff subsequently filed a Motion to Alter or Amend Proposed Judgment Vacating FormaPauperis (#8). Plaintiff essentially argues that the Court should allow him to proceed in forma pauperis because the Ninth Circuit granted his pauper application in one of his appeals, and his "strikes" occurred in California, not in this Court. Plaintiff's arguments are unpersuasive. The Court's analysis or reasoning in its prior order (#7) remains unchanged, as plaintiff has not indicated in any way that he is /// /// JIMMIE STEPHEN, CDCR#C-56483, ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case No. 3:08-cv-00476-LRH-VPC ORDER

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in imminent danger of serious physical injury. Plaintiff has not paid the filing fee in response to the Court's order, and the action will be dismissed. IT IS THEREFORE ORDERED that this action shall be DISMISSED without prejudice for failure to pay the filing fee. The Clerk of Court shall enter final judgment accordingly. DATED this 24th day of August, 2009.

___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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