Opinion
Case No. 2:11-CV-00406-RLH-(PAL).
March 18, 2011
ORDER
Plaintiff has submitted an application to proceed in forma pauperis (#1) and a motion for a preliminary injunction. The motion for a preliminary injunction is insufficient to commence a civil action in this court. See Fed.R.Civ.P. 3.
Furthermore, on at least three occasions this court has dismissed for failure to state a claim upon which relief can be granted actions commenced by plaintiff while he was a prisoner. Plaintiff cannot proceed in forma pauperis in this action unless he is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g). Plaintiff has not alleged, and the subject matter of this action does not indicate, that he is in imminent danger of serious physical injury. Plaintiff must prepay the filing fee in full.
See Bacon v. Webster, 2:05-CV-01267-PMP-(GWF); Bacon v. Laswell, 2:09-CV-02058-PMP-(PAL); Bacon v. State of Nevada, 2:10-CV-01451-KJD-(LRL).
IT IS THEREFORE ORDERED that plaintiff's application to proceedin forma pauperis (#1) is DENIED. Plaintiff shall pay the full filing fee of three hundred fifty dollars ($350.00) within thirty days of the date that this order is entered. Failure to comply with this order will result in the dismissal of this action.
IT IS FURTHER ORDERED that the clerk of the court shall provide plaintiff with two copies of this order. Plaintiff is ordered to make the necessary arrangements to have one copy of this order attached to the check in the amount of the designated fee.
IT IS FURTHER ORDERED that the clerk shall send to plaintiff a blank section 1983 civil rights complaint form with instructions. Plaintiff shall have thirty days from the date that this order is entered to submit a complaint on that form. Failure to comply with this order will result in the dismissal of this action.