Stephen v. Access SecurePak et al, No. 3:2008cv00476 - Document 9 (D. Nev. 2009)

Court Description: ORDER. IT IS ORDERED AND ADJUDGED that this action shall be DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee. The Clerk of Court shall enter final judgment accordingly. Signed by Judge Larry R. Hicks on 08/24/09. (Copies have been distributed pursuant to the NEF - MLC)
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Stephen v. Access SecurePak et al Doc. 9 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 JIMMIE STEPHEN, CDCR#C-56483, 10 Plaintiff, 11 vs. 12 ACCESS SECUREPAK, et al., 13 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 3:08-cv-00476-LRH-VPC ORDER 14 15 Plaintiff Jimmie Stephen, a prisoner in California, submitted a pro se complaint to this Court 16 seeking to initiate a civil rights action. Plaintiff also submitted an application to proceed in forma 17 pauperis (“IFP”). On July 20, 2009, the Court vacated and withdrew its prior order that had granted 18 plaintiff’s pauper application. (Order, #7). The Court found that plaintiff may not proceed IFP because 19 he had “struck out” within the meaning of 28 U.S.C. § 1915(g). The Court then ordered plaintiff must 20 prepay the $350.00 filing fee in full no later than thirty (30) days after entry of the order. 21 Plaintiff subsequently filed a Motion to Alter or Amend Proposed Judgment Vacating Forma- 22 Pauperis (#8). Plaintiff essentially argues that the Court should allow him to proceed in forma pauperis 23 because the Ninth Circuit granted his pauper application in one of his appeals, and his “strikes” occurred 24 in California, not in this Court. Plaintiff’s arguments are unpersuasive. The Court’s analysis or 25 reasoning in its prior order (#7) remains unchanged, as plaintiff has not indicated in any way that he is 26 /// 27 /// 28 Dockets.Justia.com 1 in imminent danger of serious physical injury. Plaintiff has not paid the filing fee in response to the 2 Court’s order, and the action will be dismissed. 3 4 5 IT IS THEREFORE ORDERED that this action shall be DISMISSED without prejudice for failure to pay the filing fee. The Clerk of Court shall enter final judgment accordingly. DATED this 24th day of August, 2009. 6 7 8 ___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2