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Jerry W. Baker v. P. Massa

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


April 15, 2013

JERRY W. BAKER, PLAINTIFF,
v.
P. MASSA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff, a county inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Court records indicate that plaintiff is a "three strikes" litigant pursuant to 28 U.S.C. § 1915(g).*fn1 See Baker v. Marsh, No. 2:13-cv-0171 GEB EFB P (E.D. Cal.), Dkt. No. 4. As plaintiff alleges unauthorized withdrawals from his trust account and a violation of his right to due process, the "imminent danger" exception does not apply. Accordingly plaintiff will be granted thirty days to submit the $350.00 filing fee for this action. Plaintiff's 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 shall submit, within thirty days from the date of this order, the $350.00 filing fee for this action. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed.


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