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West v. Daniels

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 15, 2010

JOHN E. WEST, PLAINTIFF,
v.
R. DANIELS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. He seeks leave to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

On April 19, 2010, the court found that plaintiff had, on three prior occasions, brought actions in a court of the United States that were dismissed on the ground that they were frivolous, malicious or failed to state a claim. The court also found that plaintiff had not demonstrated that he was "under imminent danger of serious physical injury," 28 U.S.C. § 1915(g), so that he nonetheless could proceed in forma pauperis. The court gave plaintiff thirty days either to make the showing required by 28 U.S.C. § 1915(g).

The 20-day period has expired and plaintiff has failed to make the requisite showing or otherwise respond to the court's order.

Accordingly, it is hereby ORDERED:

1. Plaintiff's motion to proceed in forma pauperis is denied; and

2. Plaintiff must pay the filing fee in full within 20 days. Failure to comply with this order will result in the dismissal of this case.

20100715

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