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Dupree v. Drozd

United States District Court, E.D. California
Sep 15, 2011
No. CIV S-11-2376 CKD P (E.D. Cal. Sep. 15, 2011)

Opinion

No. CIV S-11-2376 CKD P.

September 15, 2011


ORDER


Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

Review of court records reveals that on at least three occasions prior to the filing of this action lawsuits filed by plaintiff in this district were dismissed on the grounds that they were frivolous or malicious or failed to state a claim upon which relief may be granted. See Dupree v. United States Copyright Office, Civ. S-11-1700 WBS KJN P (E.D. Cal.), Order filed July 28, 2011 (designating action as plaintiff's "third strike" under 28 U.S.C. § 1915(g)).

A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).

A prisoner may not bring a civil action or appeal a civil judgment under the in forma pauperis statute

if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
28 U.S.C. § 1915(g). In the present case, plaintiff has not alleged facts that suggest he is under imminent danger of serious physical injury. Thus, plaintiff must pay the filing fee in order to proceed with this case.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiffs September 8, 2011 application to proceed in forma pauperis is denied;

2. Plaintiff shall submit, within twenty days from the date of this order, the $350.00 filing fee for this action; and

3. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed.


Summaries of

Dupree v. Drozd

United States District Court, E.D. California
Sep 15, 2011
No. CIV S-11-2376 CKD P (E.D. Cal. Sep. 15, 2011)
Case details for

Dupree v. Drozd

Case Details

Full title:RICHARD JOSE DUPREE, JR., Plaintiff, v. DALE A. DROZD, et al., Defendants

Court:United States District Court, E.D. California

Date published: Sep 15, 2011

Citations

No. CIV S-11-2376 CKD P (E.D. Cal. Sep. 15, 2011)