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Jimmie Stephen v. Robert Doyle

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


March 8, 2011

JIMMIE STEPHEN, PLAINTIFF,
v.
ROBERT DOYLE, ET AL., DEFENDANTS.

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

ORDER

Plaintiff is a California prisoner proceeding without counsel 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 been already determined -- by the United States District Court for the Southern District of California in Stephen v. Hernandez, 08-cv-0750 BEN BLM P -- that plaintiff has "struck out" under 28 U.S.C. § 1915(g).*fn1 Furthermore, in his complaint, plaintiff does not allege he is "under imminent danger of serious physical injury."

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request to proceed in forma pauperis (#2) 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 a recommendation that this action be dismissed.


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