Tagle v. State of Nevada

Filing 3

ORDER that Plaintiff's application to proceed in forma pauperis ECF No. 1 is denied; this action will be dismissed without prejudice unless Plaintiff pays the $400.00 filing fee in full by 12/6/2018; Clerk directed to send 2 copies of order (mailed on 11/06/2018); plaintiff to make the necessary arrangements to have one copy of order attached to check paying the filing fee; Clerk directed to retain the "tort action" ECF No. 1 -1, but not file the document until the filing fee matter is resolved. Signed by Judge Robert C. Jones on 11/6/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR TAGLE,

Case No. 3:17-cv-00372-RCJ-WGC

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Plaintiff,

ORDER

v.
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STATE OF NEVADA,
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Defendant.
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I.

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DISCUSSION
Plaintiff is a prisoner proceeding pro se. Plaintiff has submitted a document

entitled “tort action” and an application to proceed in forma pauperis. (ECF Nos. 1, 1-1).
However, on at least three (3) occasions, the Court has dismissed civil actions

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commenced by Plaintiff while in detention as malicious or for failure to state a claim upon

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which any relief 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 occasions,

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while incarcerated or detained in any facility, brought an action or appeal in a court of the

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United States that was dismissed on the grounds that it is frivolous, malicious, or fails to

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state a claim upon which relief may be granted,” he may not proceed in forma pauperis

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

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See Tagle v. State of Nevada et al, 2:15-cv-02083-RCJ-GWF (dismissed for failure to
state a claim); Tagle v. State of Nevada et al, 2:15-cv-02358-MMD-PAL (dismissed for
maliciousness and failure to state a claim); and Tagle v. State of Nevada et al, 2:16-cv00852-JAD-VCF (dismissed for maliciousness and failure to state a claim). The Court
takes judicial notice of its prior records in the above matters.
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danger of serious physical injury.” 28 U.S.C. § 1915(g).

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In his “tort action,” Plaintiff sues various NDOC employees and deputy attorney
generals for being put into segregation. (See generally ECF No. 1-1). After reviewing

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these allegations, the Court finds that the allegations fail to plausibly allege that Plaintiff

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is in imminent danger of serious physical injury. See Andrews v. Cervantes, 493 F.3d

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1047, 1055 (9th Cir. 2007) (holding that the exception to § 1915(g) applies if the complaint

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makes a plausible allegation that the prisoner faced imminent danger of serious physical

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injury at the time of filing). As such, Plaintiff must pre-pay the $400.00 filing fee in full.

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II.

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CONCLUSION
For the foregoing reasons, it is 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 unless

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Plaintiff pays the $400.00 filing fee in full within thirty (30) days from the date of this order.

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It is further ordered that the Clerk of the Court shall send Plaintiff two copies of this

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order. Plaintiff shall make the necessary arrangements to have one copy of this order

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attached to the check paying the filing fee.
It is further ordered that the Clerk of the Court shall retain the “tort action” (ECF
No. 1-1) but shall not file the document until the matter of the filing fee is resolved.
DATED: This 6th day of November, 2018.
DATED THIS _____ day of May, 2018.

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UNITED STATES DISTRICT JUDGE

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