McGinnis v. Warner et al

Filing 18

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS STATUS AND DISMISSING ACTION (cc: Neil Adams McGinnis via first class mail). Signed by Senior Judge Edward F. Shea. (PL, Case Administrator)

1
2
3
4
5
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
7

No.

NEIL ADAMS MCGINNIS,

4:15-cv-05005-EFS

8
Plaintiff,
ORDER DENYING IN FORMA PAUPERIS
STATUS AND DISMISSING ACTION

9
v.
10
11

BERNARD WARNER, DONALD HOLBROOK,
and DOCTOR EDWARDS,
Defendants.

12
13
14

By Order filed February 20, 2015, the Court directed Plaintiff

15

to show cause within thirty (30) days why he should not be precluded

16

from proceeding in this action in forma pauperis under 28 U.S.C.

17

§ 1915(g). ECF No. 8. The Court instructed him to file no further

18

documents in this action, other than a Response to the Order to Show

19

Cause or full payment of the $400.00 filing fee.

20

On

March

2,

2015,

Plaintiff

submitted

various

additional

21

documents,

22

exhibits.

23

instruction that he restrain his writings within one inch margins on

24

documents.

25
26

On

including

a

ECF Nos. 9-12.

March

24,

2015,

proposed

amended

complaint,

letters,

and

These documents are non-compliant with the

Plaintiff

submitted

an

18

page

document

stating, “why I have failed to respect Court’s deadline of 3-20-2015

ORDER DENYING IN FORMA PAUPERIS STATUS AND DISMISSING ACTION -- 1

1

and my pray for relief under Federal Rules of Civil Procedure that I

2

pray for relief that Courts in their inherent powers to do so will

3

invoke in its own discretion as it deems proper and appropriate.”

4

No. 13 at 1.

5

Cause.

6

ECF NO. 14.

7

action as no final order has been entered.

ECF

This document is not responsive to the Order to Show

On April 7, 2015, Plaintiff appealed the Order to Show Cause,
The Court finds that it retains jurisdiction over this

8

Plaintiff has presented no clear facts from which the Court

9

could infer that he is under imminent danger of serious physical

10

injury.

For the reasons set forth in the Order to Show Cause, ECF No.

11

8, IT IS ORDERED that Plaintiff’s application to proceed in forma

12

pauperis is DENIED as precluded under 28 U.S.C. § 1915(g).

13

granted the opportunity to do so, Plaintiff did not pay the $400.00

14

required to commence this action.

15

Accordingly, IT IS HEREBY ORDERED:

16

1.

Although

This action is DISMISSED for failure to comply with 28
U.S.C. § 1914.

17
18

2.

19

IT IS SO ORDERED. The District Court Clerk is directed to enter

20

this Order, enter judgment, forward a copy to Plaintiff and close the

21

file.

22

All pending motions are DENIED as moot.

DATED this

13th

day of April 2015.

23
24

s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

25
26

Q:\EFS\Civil\2015\prisoner15cv5005efs-4-10-dnyIFPdismiss.docx

ORDER DENYING IN FORMA PAUPERIS STATUS AND DISMISSING ACTION -- 2