IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 16, 2008
TONY BLACKMAN, PLAINTIFF,
A. SCRIBNER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS IN THIS ACTION AND REQUIRING PLAINTIFF TO PAY $350.00 FILING FEE IN FULL STATE PRISON WARDEN WITHIN FIFTEEN DAYS
Plaintiff Tony Blackman ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On December 10, 2008, Plaintiff filed a complaint and a motion for leave to proceed in forma pauperis.
28 U.S.C. § 1915 governs proceedings in forma pauperis. Section 1915(g) provides that "[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." A review of the actions filed by Plaintiff reveals that Plaintiff is subject to 28 U.S.C. § 1915(g) and is precluded from proceeding in forma pauperis unless he is, at the time the complaint was filed, under imminent danger of serious physical injury.*fn1
The Court has reviewed Plaintiff's complaint and finds that Plaintiff does not meet the imminent danger exception.*fn2 Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Because Plaintiff has alleged no facts that support a finding he is under imminent danger of serious physical injury, Plaintiff may not proceed in forma pauperis in this action, and must submit the appropriate filing fee in order to proceed with this action.
Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff is ineligible to proceed in forma pauperis in this action; and
2. Plaintiff shall pay the $350.00 filing fee in full within fifteen (15) days from the date of service of this order or this action will be dismissed, without prejudice.
IT IS SO ORDERED.