Opinion
No. 06-5307.
Filed On: July 10, 2007.
BEFORE: Sentelle, Henderson, and Tatel, Circuit Judges.
ORDER
Upon consideration of this court's order filed April 11, 2007; and the motion for reconsideration of the April 11 order and for remand, it is
ORDERED that the motion for reconsideration be denied. Appellant's contention that 28 U.S.C. § 1915(g) is unconstitutional is meritless.See Rodriguez v. Cook, 169 F.3d 1176, 1179-80 (9th Cir. 1999); cf. Ibrahim v. District of Columbia, 208 F.3d 1032, 1036 (D.C. Cir. 2000) (noting that the "three strikes" provision does not "divest[ ] a prisoner of his right to bring a claim," but "merely specifies that, after having three times filed suits or appeals that were dismissed on one of the enumerated grounds, a prisoner must pay his own way like any other litigant."). It is
FURTHER ORDERED, on the court's own motion, that appellant pay the full $455 docketing and filing fee to the district court within 30 days of the date of this order. 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 consideration of the request for remand be deferred pending payment of the fee.
The Clerk is directed to send a copy of this order to appellant by whatever means necessary to ensure receipt.