UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 14, 2009
TAHEE ABD' RASHEED AKA JAMES E. SMITH, PLAINTIFF,
THE STATE OF CALIFORNIA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER FINDING PLAINTIFF INELIGIBLE TO PROCEED IN FORMA PAUPERIS AND REQUIRING PLAINTIFF TO PAY $350.00 FILING FEE WITHIN TWENTY DAYS OR THIS ACTION WILL BE DISMISSED (Doc. 1)
Plaintiff Tahee Abd' Rasheed, CDC# J-74120, aka James E. Smith, CDC# J-74120, is a state prisoner proceeding pro se in this civil action filed on May 8, 2009.
28 U.S.C. § 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." Plaintiff has had three or more actions dismissed as frivolous, as malicious, or for failing to state a claim upon which relief may be granted.*fn1 Thus, plaintiff is subject to section 1915(g) and is precluded from proceeding in forma pauperis unless plaintiff is, at the time the complaint is filed, under imminent danger of serious physical injury.
Plaintiff alleges that he is a forced slave for the State of California pursuant to an unconstitutional state policy. Plaintiff alleges that he is falsely imprisoned, that he is prevented from presenting a defense to a criminal charge, and that he is being denied his right to own property and to spend the money in his prison account. Plaintiff is not under imminent danger of serious physical injury, and he may not proceed in forma pauperis in this action. Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Plaintiff has twenty days to pay the $350.00 filing fee in full or this action will be dismissed.
Based on the foregoing, it is HEREBY ORDERED that:
1. Pursuant to 28 U.S.C. § 1915(g), plaintiff is ineligible to proceed in forma pauperis in this action; and
2. Plaintiff shall pay the $350.00 filing fee in full within twenty (20) days or this action will be dismissed, without prejudice.
IT IS SO ORDERED.