Hubley v. Spokane County Jail
Filing
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ORDER DISMISSING ACTION - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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ASIL L. HUBLEY,
NO: 2:16-CV-360-RMP
Plaintiff,
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v.
ORDER DISMSISING ACTION
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SPOKANE COUNTY JAIL,
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Defendant.
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By Order filed January 3, 2017, the Court directed Plaintiff, a prisoner at the
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Spokane County Jail, to show cause why he should be granted leave to proceed in
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forma pauperis in this action, ECF No. 8. The letter addressed to To Whom It
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May Concern, dated December 30, 2016, and received on January 5, 2017, ECF
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No. 9, is not responsive to the Court’s Order.
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Plaintiff does not refute the finding that he has filed three or more actions,
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while incarcerated, which were dismissed as frivolous, malicious, or for failure to
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state a claim upon which relief may be granted. See 2:15-cv-00350-SMJ; 2:16-cv-
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00058-RMP; and 2:16-cv-00178-RMP. Plaintiff has presented no facts from
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which the Court could infer that he is under imminent danger of serious physical
ORDER DISMSISING ACTION -- 1
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injury. Consequently, Plaintiff is not eligible to proceed in forma pauperis under
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28 U.S.C. § 1915(g). See O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008);
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Andrews v. King, 398 F.3d 1113, 1116 n. 1 (9th Cir.2005) (noting the “three
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strikes” terminology).
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Therefore, IT IS ORDERED that Plaintiff’s application to proceed in forma
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pauperis, ECF No. 2, is DENIED. Because Plaintiff did not pay the $400.00 fee
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($350.00 filing fee plus $50.00 administration fee) as instructed in the Court’s
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prior Order, IT IS FURTHER ORDERED this action is DISMISSED for non-
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payment of the filing fee as required by 28 U.S.C. § 1914.
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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,
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enter judgment, forward a copy to Plaintiff, and close the file. The Court certifies
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any appeal of this dismissal would not be taken in good faith.
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DATED March 2, 2017.
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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge
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ORDER DISMSISING ACTION -- 2
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