(PC) Bonilla v. Beatty, No. 2:2018cv01355 - Document 9 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/27/2018 VACATING the 7/11/2018 5 findings and recommendations and DENYING plaintiff's 8 application to proceed ifp. Plaintiff is GRANTED 14 days to pay the $400.00 filing fee for this action. Failure to pay the filing fee within 14 days will result in dismissal. (Yin, K)

Download PDF

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVIN WAYNE BONILLA, 12 Plaintiff, 13 14 No. 2:18-cv-1355 TLN CKD P v. ORDER CARA L. BEATTY, 15 Defendant. 16 Plaintiff is a California prisoner proceeding pro se with a civil action. On May 29, 2018, 17 18 the court ordered plaintiff to either submit a request to proceed in forma pauperis or pay the filing 19 fee. However, the court recently learned that plaintiff is not permitted to proceed in forma 20 pauperis because he has “struck out” pursuant to Title 28 U.S.C. § 1915(g), Bonilla v. Lively, 21 4:11-cv-3180 CW (N.D. Cal. Oct. 25, 2011), and he does not allege he is under “imminent danger 22 of serious physical injury.” 23 ///// 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The court’s July 11, 2018 findings and recommendations are vacated; 3 2. Plaintiff’s application to proceed in forma pauperis (ECF No. 8) is denied; and 4 3. Plaintiff is granted 14 days within which to pay the $400 filing fee for this action. 5 Failure to pay the filing fee within 14 days will result in dismissal. 6 Dated: August 27, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 boni1355.k 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.