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Case 1:13-cv-00737-GSA Document 6 Filed 06/04/13 Page 1 of 3





UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA









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TONY BLACKMAN,

Plaintiff,

vs.

J. D. LOZANO, et al.,

Defendants.



1:13-cv-00737-GSA-PC

ORDER DENYING PLAINTIFF’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS, AND DISMISSING ACTION
UNDER 28 U.S.C. § 1915(g), WITHOUT
PREJUDICE TO REFILING WITH
SUBMISSION OF $400.00 FILING FEE
IN FULL
(Doc. 2.)

ORDER FOR CLERK TO CLOSE CASE


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I.

BACKGROUND

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Tony Blackman ("Plaintiff") is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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May 17, 2013, together with an application to proceed in forma pauperis. (Docs. 1, 2.) On

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May 31, 2013, Plaintiff consented to the jurisdiction of a Magistrate Judge under 28 U.S.C. §

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636(c), and no other parties have made an appearance in this case. (Doc. 4.) Therefore,

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pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of California, the

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undersigned shall conduct any and all proceedings in the case until such time as reassignment

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to a District Judge is required. Local Rule Appendix A(k)(3).

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Case 1:13-cv-00737-GSA Document 6 Filed 06/04/13 Page 2 of 3



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II.

“THREE STRIKES” PROVISION OF 28 U.S.C. § 1915

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28 U.S.C. ' 1915 governs proceedings in forma pauperis. Section 1915(g) provides that

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A[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3

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or more prior occasions, while incarcerated or detained in any facility, brought an action or

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appeal in a court of the United States that was dismissed on the grounds that it is frivolous,

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malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is

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under imminent danger of serious physical [email protected]

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Discussion

The Court takes judicial notice of the following cases: (1) 1:99-cv-05822-REC-HGB

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PC Blackman v. Hartwell (E.D. Cal.) (dismissed 03/12/2001 for failure to state a claim); (2)

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3:05-cv-05390-SI Blackman v. Medina (N.D. Cal.) (dismissed 03/13/2006 for failure to state a

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claim); (3) 3:06-cv-06398-SI Blackman v. Variz (N.D. Cal.) (dismissed 12/18/2006 for failure

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to state a claim); and (4) 1:04-cv-06389-AWI-NEW (DLB) Blackman v. Taxdahl (E.D. Cal.)

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(dismissed 05/18/2007 for failure to state a claim). A review of these cases, filed by Plaintiff,

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reveals that Plaintiff is subject to 28 U.S.C. ' 1915(g) and is precluded from proceeding in

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forma pauperis unless Plaintiff was, at the time the Complaint was filed, under imminent

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danger of serious physical injury.

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The Court has reviewed Plaintiff=s Complaint in this action and finds that Plaintiff does

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not meet the imminent danger exception. See Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th

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Cir. 2007). In the Complaint, Plaintiff alleges that defendants improperly rejected his inmate

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appeals; refused to provide him with a signed application to proceed in forma pauperis and

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copy of his trust account statement; threatened to place him in a double cell, confiscate his

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personal property, and transfer him; discriminated against him; violated his rights to due

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process; and falsely imprisoned him. (Doc. 1.) None of these allegations support the existence

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of an imminent danger of serious physical injury.1 Therefore, Plaintiff fails to allege the

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1 The Court expresses no opinion on the merits of Plaintiff=s claims.

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Case 1:13-cv-00737-GSA Document 6 Filed 06/04/13 Page 3 of 3



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imminent danger of serious physical injury necessary to bypass ' 1915(g)'s restriction on his

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filing suit without prepayment of the filing fee.

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Accordingly, Plaintiff may not proceed in forma pauperis in this action, and must

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submit the appropriate filing fee in order to proceed with this action. Plaintiff=s application to

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proceed in forma pauperis shall be denied, and this action shall be dismissed, without prejudice

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to refiling with the submission of the $400.00 filing fee in full.

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IV. CONCLUSION

Based on the foregoing, it is HEREBY ORDERED that:

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Pursuant to 28 U.S.C. ' 1915(g), Plaintiff=s application to proceed in forma

pauperis in this action is denied;

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This action is DISMISSED, without prejudice to refiling with the submission of

the $400.00 filing fee in full; and

The Clerk is directed to CLOSE this case.

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IT IS SO ORDERED.

Dated: June 4, 2013


6i0kij8d




DEAC_Signature-END:

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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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