Williams v. Sinclair

FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jul 30, 2019 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON JAMES ANTHONY WILLIAMS, 8 4:19-cv-05023-SAB Plaintiff, v. ORDER DENYING LEAVE TO PROCEED IN FORMA 11 PAUPERIS AND DISMISSING STEPHEN SINCLAIR, DR. VARNELL, ACTION DR. WALKER, DR. BRUCE C. GAGE, DR. KARIE RAINER, CRYSTAL CONTREAS, DR. REYES, and DR. SMITH, 15 Defendants.

17 By Order filed May 16, 2019, the Court directed Plaintiff to show cause why his application to proceed in forma pauperis should not be denied. ECF No. 7. In the alternative, Plaintiff was instructed that he could pay the $400.00 fee ($350.00 filing fee, plus $50.00 administrative fee) to commence this action under 28 U.S.C. § 1914. He did not do so. 22 Plaintiff, a pro se prisoner currently housed at the Monroe Correctional Complex – Special Offenders Unit, has brought at least three other cases that were dismissed for failure to state a claim. See ECF No. 7 at 2. Consequently, he lost the privilege of filing additional suits in forma pauperis unless he could demonstrate that he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g); Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Plaintiff did not make this showing.

1 Therefore, IT IS ORDERED Plaintiffs application to proceed in forma pauperis, ECF No. 2, is DENIED. Because Plaintiff did not pay the $400.00 fee as instructed in the Court’s prior Order, IT IS FURTHER ORDERED this action is DISMISSED for non-payment of the filing fee as required by 28 U.S.C. § 1914.

5 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, provide a copy to Plaintiff, and close the file. The Court certifies 7\| any appeal of this dismissal would not be taken in good faith.

DATED this 30" day of July 2019.

13 ‘ 1 foo £ 7 Ji.

15 Stanley A. Bastian 1 United States District Judge ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS AND