Ochoa v. Baker et al

Filing 3

ORDER This action will be dismissed unless Plaintiff pays $400 filing fee within 30 days. Clerk shall send Plaintiff two copies of this order. Plaintiff shall make arrangements to have one copy attached to filing fee. Clerk shall retain complaint 1 -1. Signed by Judge Robert C. Jones on 9/9/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARTURO TORRES OCHOA,

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Case No. 3:14-cv-425-RCJ-WGC
Plaintiff,

ORDER

v.
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RENEE BAKER et al.,
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Defendants.
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I.

DISCUSSION

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Plaintiff is a prisoner proceeding pro se. Plaintiff has submitted a civil rights

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complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1). Plaintiff has not submitted an

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application to proceed in forma pauperis and has not paid the full filing fee for this case.

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On at least three (3) occasions, the Court has dismissed civil actions commenced by

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Plaintiff while in detention as frivolous or for failure to state a claim upon which any relief

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may be granted.1

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Pursuant to 28 U.S.C. § 1915(g), “if [a] prisoner has, on 3 or more prior

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occasions, while incarcerated or detained in any facility, brought an action or appeal in a

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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

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proceed in forma pauperis and, instead, must pay the full $400.00 filing fee in advance

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See Ochoa v. Cook et al., 3:02-cv-450-LRH-VPC; Ochoa v. Willis et al., 3:02-cv-545ECR-VPC (both dismissed for failure to state a claim upon which relief may be granted);
Ochoa v. Putter et al., 3:10-cv-364-HDM-RAM (dismissed as delusional and factually
frivolous). The Court takes judicial notice of its prior records in the above matters.
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unless he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

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In his complaint, Plaintiff appears to allege his dissatisfaction with the prison
food.

plausibly allege that Plaintiff is in imminent danger of serious physical injury.

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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). To the extent that
Plaintiff is alleging that prison officials are poisoning his food, the Court notes that
Plaintiff has filed several complaints in the past making those same allegations and that
the Court finds that such allegations are delusional and factually frivolous. As such,
Plaintiff must pre-pay the $400.00 filing fee in full.
II.

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prejudice unless Plaintiff pays the $400.00 filing fee in full within thirty (30) days of entry
of this order.
It is further ordered that the Clerk of the Court shall send Plaintiff two copies of
this order. Plaintiff shall make the necessary arrangements to have one copy of this
order attached to the check paying the filing fee.

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CONCLUSION
For the foregoing reasons, it is ordered that this action will be dismissed without

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See

Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007) (holding that the exception

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(See generally ECF No. 1-1). The Court finds that these allegations fail to

It is further ordered that the Clerk of the Court shall retain the complaint (ECF No.
1-1).

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Dated: September 9, 2014.
DATED THIS ___ day of August, 2014.

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UNITED STATES DISTRICT JUDGE

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