Opinion
No. CIV S 06-2904 FCD EFB P.
April 16, 2007
ORDER
Plaintiff is a prisoner without counsel suing under 42 U.S.C. § 1983 for alleged civil rights violations. He seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915.
For the reasons explained below, the court finds that plaintiff has not demonstrated that he is eligible to proceed in forma pauperis.
A prisoner may not proceed in forma pauperis,
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).
Court records show that before plaintiff filed the complaint in this action, this court dismissed at least three of plaintiff's lawsuits filed while he was a prisoner on the grounds that they were frivolous, malicious or failed to state a claim. See Thomas v. Gomez, No. Civ. F 00-5497 AWI DLB, Order of September 11, 2000; Thomas v. Nicholus, No. Civ. F 99-6377 OWW HGB, Order of October 11, 2000; Thomas v. Gomez, No. Civ. F 99-6662 REC DLB, Order of October 12, 2000. He has not alleged facts suggesting that he is under imminent danger of serious physical injury.
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).
Therefore, to proceed with this action plaintiff must either demonstrate he is under imminent danger of serious physical injury or pay the $350 filing fee required by 28 U.S.C. § 1914(a).
Accordingly, it is hereby ORDERED that:
1. Plaintiff's December 26, 2006, application to proceed in forma pauperis is denied;
2. Plaintiff has 20 days from the date this order is served either to demonstrate he is under imminent danger of serious physical injury or to pay the $350 filing fee for this action; and
3. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.