Hubley v. Spokane County Jail

Filing 10

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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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 ASIL L. HUBLEY, NO: 2:16-CV-360-RMP Plaintiff, 8 v. ORDER DISMSISING ACTION 9 SPOKANE COUNTY JAIL, 10 Defendant. 11 12 By Order filed January 3, 2017, the Court directed Plaintiff, a prisoner at the 13 Spokane County Jail, to show cause why he should be granted leave to proceed in 14 forma pauperis in this action, ECF No. 8. The letter addressed to To Whom It 15 May Concern, dated December 30, 2016, and received on January 5, 2017, ECF 16 No. 9, is not responsive to the Court’s Order. 17 Plaintiff does not refute the finding that he has filed three or more actions, 18 while incarcerated, which were dismissed as frivolous, malicious, or for failure to 19 state a claim upon which relief may be granted. See 2:15-cv-00350-SMJ; 2:16-cv- 20 00058-RMP; and 2:16-cv-00178-RMP. Plaintiff has presented no facts from 21 which the Court could infer that he is under imminent danger of serious physical ORDER DISMSISING ACTION -- 1 1 injury. Consequently, Plaintiff is not eligible to proceed in forma pauperis under 2 28 U.S.C. § 1915(g). See O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008); 3 Andrews v. King, 398 F.3d 1113, 1116 n. 1 (9th Cir.2005) (noting the “three 4 strikes” terminology). 5 Therefore, IT IS ORDERED that Plaintiff’s application to proceed in forma 6 pauperis, ECF No. 2, is DENIED. Because Plaintiff did not pay the $400.00 fee 7 ($350.00 filing fee plus $50.00 administration fee) as instructed in the Court’s 8 prior Order, IT IS FURTHER ORDERED this action is DISMISSED for non- 9 payment of the filing fee as required by 28 U.S.C. § 1914. 10 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 11 enter judgment, forward a copy to Plaintiff, and close the file. The Court certifies 12 any appeal of this dismissal would not be taken in good faith. 13 DATED March 2, 2017. 14 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON United States District Judge 15 16 17 18 19 20 21 ORDER DISMSISING ACTION -- 2

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