IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 8, 2011
JIMMIE STEPHEN, PLAINTIFF,
ROBERT DOYLE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
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.