Smith v. Lewis

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JOHN GARRETT SMITH, NO: 2:20-CV-0143-TOR 8 Plaintiff, ORDER DISMISSING ACTION 9 v. LEWIS, et al., 11 Defendants.

13 By Order filed April 29, 2020, the Court determined that Plaintiff was precluded from proceeding in forma pauperis under 28 U.S.C. § 1915(g) and directed Plaintiff to either pay the filing fee by May 13, 2020 or suffer dismissal.

16 ECF No. 4. Plaintiff, a prisoner at the Stafford Creek Corrections Center, is proceeding pro se; Defendants have not been served.

18 Rather than pay the filing fee, Plaintiff submitted a document titled, “Motion to Clarify Cause,” ECF No. 5, in which he attempts enlighten the Court regarding the severity and simplicity of this case. Plaintiff’s “Motion” presents no facts || disputing the existence of three or more “strikes” under 28 U.S.C. § 1915(g) or showing that Plaintiff was under imminent danger of serious physical injury when 3|| he filed this action on April 21, 2020. Consequently, Plaintiff may not proceed in 4|| forma paupers. Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007).

5 The Court cautioned Plaintiff that if the filing fee was not paid by May 13, 6|| 2020, this matter would be dismissed without prejudice. Having failed to pay the 7\| filing fee, IT IS ORDERED that this action is DISMISSED without prejudice for 8|| failure to pay the filing fee as required by 28 U.S.C. § 1914.

9 Plaintiff's Motion to Clarify, ECF No. 5, is denied as moot.

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

13 DATED May 14, 2020.

15 a BOAO fice □□□ Chief United States District Judge