-VPC Torres Ochoa v. Herring et al, No. 3:2012cv00285 - Document 3 (D. Nev. 2012)

Court Description: ORDER DENYING 1 Motion for IFP, and action shall be DISMISSED without prejudice. Clerk shall enter final judgment accordingly. Signed by Judge Miranda M. Du on 11/1/12. (Copies have been distributed pursuant to the NEF - JK)

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-VPC Torres Ochoa v. Herring et al Doc. 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA *** Case No. 3:12-cv-00285-MMD-VPC 8 9 ARTURO TORRES OCHOA, Plaintiff, 10 11 12 13 ORDER v. HERRING, et al., Defendant. 14 Plaintiff Arturo Torres Ochoa, who is in the custody of the Nevada Department of 15 Corrections, has submitted an application to proceed in forma pauperis (dkt. no. 1) 16 seeking to initiate a civil rights action. 17 Plaintiff has filed multiple meritless, frivolous and/or delusional actions in this 18 Court. As a result, the Court has found plaintiff subject to the “three strikes” provisions 19 of 28 U.S.C. § 1915(g) in 3:10-cv-00483-ECR-VPC (docket entry 7). Under Section 20 1915(g), a prisoner who has brought three or more frivolous or meritless actions may 21 not proceed in forma pauperis; and he instead must pay the full filing fee in advance, 22 unless he is under imminent danger of serious physical injury. 23 Plaintiff alleges in the present action that he is subject to imminent serious 24 physical injury because his food allegedly is being poisoned by correctional officers. 25 This allegation of imminent physical injury, however, itself is delusional or frivolous. 26 Plaintiff has made the same allegation in a number of actions. 27 00276-HDM-VPC; 3:12-cv-00239-RCJ-VPC. The Court held a hearing on the allegation 28 in 3:12-cv-00239-RCJ-VPC and confirmed that the allegation indeed is wholly baseless. See, e.g., 3:12-cv- Dockets.Justia.com 1 Further proceedings in this matter would be a waste of limited resources. The 2 allegation of imminent physical injury is delusional or frivolous; plaintiff does not have 3 the funds to pay the full filing fee; and he has not paid the filing fee in substantially 4 similar cases after being afforded an opportunity to do so. See, e.g., 3:12-cv-00239- 5 RCJ-VPC. 6 been filing multiple delusional and/or vexatious cases. The action therefore will be 7 dismissed without further proceedings. 8 9 10 Further proceedings herein therefore would be futile. Plaintiff simply has IT IS THEREFORE ORDERED that the application (dkt. no. 1) to proceed in forma pauperis is DENIED and that this action shall be DISMISSED without prejudice. The Clerk of Court shall enter final judgment accordingly. 11 12 DATED THIS 1st day of November 2012. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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