(PC)Thomas

(PC)Thomas v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20201:19-cv-01489California928 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD THOMAS, No.: 1:19-cv-01489-NONE-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

ORDER REQUIRING PLAINTIFF TO PAY

v. $400.00 FILING FEE IN FULL WITHIN

THIRTY DAYS

15 (Doc. No. 6)

C. PFEIFFER, et al.,

17 Defendants. 18 Plaintiff Edward Thomas, a state prison inmate, brought this civil rights action pro se under 42 U.S.C. § 1983, claiming that the prison officials are putting him in imminent danger. (Doc. No. 1 at ¶¶ 1, 5, 10, 12.) At issue before the court is whether the exception to the three- strikes rule under 28 U.S.C. § 1915(g) applies: that is, whether plaintiff must pay the required filing fee now to proceed with this action or is entitled to be granted in forma pauperis (“IFP”) status and pay the filing fee later. See Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007). In a previous case almost two years ago, then Chief District Judge Lawrence J. O’Neill found that plaintiff had…

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