Opinion
No. 2:10-cv-1522 JFM (PC).
July 20, 2010
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, paid the required filing fee or filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a)(1) and (2).
By order filed June 30, 2010, plaintiff was directed to do so. Good cause appearing, that order will be vacated.
Review of court records reveals that on at least three occasions lawsuits filed by the plaintiff have been dismissed on the grounds that they were frivolous or malicious or failed to state a claim upon which relief may be granted. See Order and Findings and Recommendations, filed Oct. 7, 2009, in Miller v. McGrath, No. 2:08-cv-00070 HWG-KSC (PC) (E.D. Cal.), slip op. at 2 and cases cited therein. Plaintiff is therefore precluded from proceeding in forma pauperis in this action unless plaintiff is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). Plaintiff has not alleged any facts which suggest that he is under imminent danger of serious physical injury. Thus, plaintiff must submit the appropriate filing fee in order to proceed with this action.
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).
In accordance with the above, IT IS HEREBY ORDERED that:
1. This court's June 30, 2010 order is vacated; and
2. Plaintiff shall submit, within twenty days from the date of this order, the appropriate filing fee. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed.