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Michael J. Hicks v. J. Bal

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


March 3, 2011

MICHAEL J. HICKS, PLAINTIFF,
v.
J. BAL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se with an action filed pursuant to 42 U.S.C. § 1983. Plaintiff has filed a request to proceed in forma pauperis. However, plaintiff is precluded from proceeding in forma pauperis because it has already been determined in this court that plaintiff has "struck out" under 28 U.S.C. § 1915(g),*fn1 See Hicks v. Blackburn, No. CIV-F 07-0006 BLW LMB P, and plaintiff does not allege that he is "under imminent danger of serious physical injury."

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request to proceed in forma pauperis (#5) is denied;

2. Plaintiff shall pay the $350.00 filing fee for this action within twenty-one days. Failure to pay the filing fee within twenty-one days will result in dismissal.

kc hick3349. 3k


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