Opinion
1:21-cv-01397-SKO (PC)
09-30-2021
SAMMY R. QUAIR, SR., Plaintiff, v. THOMAS, et al., Defendants.
ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS SHOULD NOT BE DENIED
21-DAY DEADLINE
SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE
Plaintiff Sammy R. Quair, Sr., is a county jail inmate proceeding pro se. On September 20, 2021, he initiated this action and filed a motion to proceed in forma pauperis. (Docs. 1-2.)
28 U.S.C. § 1915 governs in forma pauperis proceedings. The statute provides, “[i]n no event shall a prisoner bring a civil action . . . under this section 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).
Prior to initiating this action, Plaintiff brought three actions while incarcerated that were dismissed for failure to state a claim: (1) Quair, Sr. v. Vento, et al., No. 1:14-cv-01616-AWI-BAM (E.D. Cal. March 21, 2017); (2) Quair v. Board of Supervisors, et al., No. 1:19-cv-00902- DAD-SKO (E.D. Cal. July 6, 2020); and (3) Quair v. Board of Supervisors, et al., No. 1:19-cv-00993-DAD-BAM (E.D. Cal. Aug. 11, 2020).
The Court may take judicial notice of court records. United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).
Accordingly, within 21 days of the date of service of this order, Plaintiff SHALL show cause in writing why his motion to proceed in forma pauperis should not be denied. Failure to respond to this order will result in a recommendation that this action be dismissed for failure to obey a court order.
IT IS SO ORDERED.