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Willie Weaver v. Johny Nguyen

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


January 11, 2011

WILLIE WEAVER, PLAINTIFF,
v.
JOHNY NGUYEN, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302.

Plaintiff is subject to the "three strikes rule" set forth in 28 U.S.C. § 1915(g), which precludes a plaintiff from proceeding in forma pauperis absent a showing he is in imminent danger of serious physical injury. By order filed April 20, 2007, plaintiff was found to be barred from proceeding in forma pauperis. Weaver v. California Correctional Institution, etc., et al., 1:06-cv-1429 OWW SMS P (E.D. Cal. Fresno) (Dkt. No. 4 at 1 n.1).*fn1 Plaintiff is also listed as three-strikes barred in the National Pro Se Three-Strikes Database.*fn2 In the instant complaint, plaintiff has not alleged he is in imminent danger of serious physical injury. Accordingly, plaintiff must first pay the $350.00 filing fee in full before this action can proceed. Plaintiff is cautioned that failure to pay the filing fee will result in a recommendation that this action be dismissed.

In accordance with the above, IT IS HEREBY ORDERED that plaintiff is directed to pay in full the $350.00 filing fee within 21 days from the date of this order; and failure to timely pay the filing fee will result in a recommendation that this action be dismissed.


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