Voth v. Mills

Filing 24

ORDER. Defendant's Motion to Vacate Plantiff's in forma pauperis status 16 is DENIED. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction 18 is DENIED on the basis that it is now moot. Defendant&# 039;s Motion for Extension of Time 22 is GRANTED. Defendant shall have 30 days in which to respond to plaintiff's Motion to Amend 20 and Motion for Injunctive Relief 19 . IT IS SO ORDERED. Signed on 07/15/09 by Judge Ancer L. Haggerty. (pvh)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FRANK E. VOTH, Plaintiff, v. DON MILLS, Defendant. HAGGERTY, District Judge. Plaintiff has had at least three cases dismissed as frivolous or for failure to state a claim. As such, he is not entitled to CV. 09-423-HA ORDER

proceed in forma pauperis unless he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). In this case,

plaintiff filed a Complaint alleging that he was in imminent danger at the Two Rivers Correctional Institution ("TRCI"). the court allowed him to proceed in forma pauperis. As a result, Since that

time, plaintiff has been transferred from TRCI to the Snake River Correctional Institution ("SRCI"). As a result of the transfer,

1 - ORDER

defendant asks this court to vacate its Order granting plaintiff in forma pauperis status. Although plaintiff was transferred to SRCI on June 17, 2009, the court declines to rescind its in forma pauperis designation because plaintiff met the threshold requirements for in forma pauperis status at the time of filing. Andrews v. Cervantes, 493

F.3d 1047, 1053 (9th Cir. 2007) (imminent danger exception to three-strikes provision turns on the conditions prisoner faced at time of filing). Plaintiff's transfer does, however, moot his

Motion for Temporary Restraining Order and Preliminary Injunction [18]. CONCLUSION Defendant's Motion to Vacate Plaintiff's In Forma Pauperis Status [16] is DENIED. Plaintiff's Motion for Temporary

Restraining Order and Preliminary Injunction [18] is DENIED on the basis that it is now moot. Defendant's Motion for Extension of Time [22] is GRANTED. Defendant shall have 30 days in which to respond to plaintiff's Motion to Amend [20] and Motion for Injunctive Relief [19]. IT IS SO ORDERED. DATED this 15th day of July, 2009. /s/Ancer L. Haggerty Ancer L. Haggerty United States District Judge

2 - ORDER