Hubley v. Spokane County et al

Filing 7

ORDER DISMISSING ACTION - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator) **2 PAGES, PRINT ALL** (Asil Hubley, Prisoner ID: 395239)

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

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