Opinion
No. 2:11-cv-0011 KJN P.
January 12, 2011
ORDER
Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302.
Plaintiff is subject to the "three strikes rule" set forth in 28 U.S.C. § 1915(g), which precludes a plaintiff from proceeding in forma pauperis absent a showing he is in imminent danger of serious physical injury. By order filed April 20, 2007, plaintiff was found to be barred from proceeding in forma pauperis. Weaver v. California Correctional Institution, etc., et al., 1:06-cv-1429 OWW SMS P (E.D. Cal. Fresno) (Dkt. No. 4 at 1 n. 1). Plaintiff is also listed as three-strikes barred in the National Pro Se Three-Strikes Database. In the instant complaint, plaintiff has not alleged he is in imminent danger of serious physical injury. Accordingly, plaintiff must first pay the $350.00 filing fee in full before this action can proceed. Plaintiff is cautioned that failure to pay the filing fee will result in a recommendation that this action be dismissed.
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).
National Pro Se Three-Strikes Database, (Jan. 11, 2011, 9:35 a.m.), http://nprose.circ9.dcn/Litigant.aspx.
In accordance with the above, IT IS HEREBY ORDERED that plaintiff is directed to pay in full the $350.00 filing fee within 21 days from the date of this order; and failure to timely pay the filing fee will result in a recommendation that this action be dismissed.
DATED: January 11, 2011