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Eber G./G. Ruth, et al v. Estate of William Hyde Wollaston

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 24, 2012

EBER G./G. RUTH, ET AL.,
PLAINTIFFS,
v.
ESTATE OF WILLIAM HYDE WOLLASTON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PAYMENT OF FILING FEE (Doc. 1)

By a motion filed July 19, 2012, Plaintiff Eber G./G. Ruth, a pro se litigant, moved to proceed in forma pauperis . This Court finds that Plaintiff is not entitled to proceed in forma pauperis .

A prisoner may not proceed in forma pauperis "if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is in imminent danger of serious physical injury." 28 U.S.C. § 1915(g). Plaintiff became subject to § 1915(g) on May 8, 2003, when his third action was dismissed for failure to state a claim upon which relief may be granted. *fn1 Because Plaintiff is subject to 28 U.S.C. § 1915(g) and is not in imminent danger, he is not entitled to proceed in forma pauperis .

Accordingly, the Court hereby ORDERS:

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

2. Plaintiff shall pay the $350.00 filing fee, in full, on or before August 30, 2012; and

3. If the filing fee has not been paid in full on or before August 30, 2012, the Court will dismiss Plaintiff's case, without prejudice, for failure to prosecute.

IT IS SO ORDERED.


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