Opinion
3:10-cv-0180-HDM-RAM.
June 29, 2010
ORDER
Plaintiff is a prisoner proceeding pro se and has submitted a complaint (#1) attempting to initiate a civil rights action pursuant to 42 U.S.C. § 1983. He did not submit an application to proceed in forma pauperis or pay the filing fee. On at least three (3) occasions, the Court has dismissed civil actions commenced by Plaintiff for being frivolous. On May 3, 2010, plaintiff was directed to pay the full $350 filing fee or this action would be dismissed (docket #4). Plaintiff has failed to pay the fee as required. Therefore, the complaint shall be filed and dismissed.
See Davitt v. Hellig, 3:08-cv-0604-LRH-VPC; Davitt v. McDaniel, 3:09-cv-0028-ECR-RAM; Davitt v. McDaniel, 3:09-cv-0074-RCJ-RAM. The Court takes judicial notice of its prior records in the above matters.
IT IS THEREFORE ORDERED that the clerk shall file the complaint submitted on March 31, 2010 (docket #1-1). IT IS FURTHER ORDERED that the complaint is dismissed without prejudice. The Clerk shall enter judgment accordingly.