Opinion
No. 07-5128.
Filed on: November 26, 2007.
BEFORE: Sentelle, Randolph, and Brown, Circuit Judges.
ORDER
Upon consideration of the motion for injunction pending appeal; and appellant's in forma pauperis submissions, it is
ORDERED, on the court's own motion, that appellant show cause within 30 days of the date of this order why this court should not revoke the in forma pauperis status granted by the district court and require him to pay the full filing and docketing fee before the court will consider his appeal. See 28 U.S.C. § 1915(g). It appears that appellant has, while incarcerated, filed at least three civil actions or appeals that were dismissed on the grounds that they were frivolous, malicious, or failed to state a claim. See, e.g., Cannon v. Cal. Dep't of Corrs., No. 94-cv-6199, unpublished order (E.D. Cal. May 24, 1995), aff'd, 98 F.3d 1345 (9th Cir. 1996) (noting that district court dismissed appellant's action as frivolous); Cannon v. Lockwood, No. 95-cv-05588, unpublished order (E.D. Cal. Oct. 18, 1995), aff'd, 100 F.3d 961 (9th Cir. 1996) (sua sponte dismissing as frivolous appellant's appeal from No. 95-cv-05588 and noting that district court had dismissed appellant's action as frivolous). See also Cannon v. Senate Leadership Office of the President of the Senate, No. 07-cv-878, unpublished order (D. Ariz. July 30, 2007) (holding that appellant has "at least three strikes under § 1915(g)").
The response to the order to show cause may not exceed 20 pages. Failure to comply with this order will result in dismissal of the appeal for lack of prosecution. See D.C. Cir. Rule 38. It is
FURTHER ORDERED that the motion for injunction pending appeal be deferred pending further order of the court.
The Clerk is directed to send a copy of this order to appellant by whatever means necessary to ensure receipt.