Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 3:08-cv-01835-SI

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1 2 3 4 5 6 7 8 In Re. 9 VINCENT ROSENBALM, 10 Plaintiff. / 11
For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 08-1765 SI (pr) No. C 08-1835 SI (pr) No. C 08-1836 SI (pr) No. C 08-2064 SI (pr) ORDER DENYING PAUPER STATUS AND FOR FILING FEES

United States District Court

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A prisoner may not bring a civil action in forma pauperis "if the prisoner has, on 3 or

15 more prior occasions, while incarcerated or detained in any facility, brought an action or appeal 16 in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, 17 or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent 18 danger of serious physical injury." 28 U.S.C. § 1915(g). 19 Vincent Rosenbalm is subject to the filing restriction on frequent filing prisoners in 28 20 U.S.C. § 1915(g) because he is a prisoner and has suffered four prior dismissals that counted 21 under § 1915(g). See Order Of Dismissal filed today in In re. Rosenbalm, N. D. Cal. Case Nos. 22 C 08-279 SI, C 08-751 SI, C 08-952 SI, C 08-1360 SI, C 08-1474 SI, C 08-1503 SI, C 08-1504 23 SI, and C 08-1603 SI. Having just determined that Rosenbalm has four prior dismissals covered 24 by § 1915(g), there is no need to redetermine the question in the four new civil rights actions he 25 has filed. 26 This order addresses four new civil rights actions filed by Rosenbalm. The court has 27 reviewed the complaints in these four actions and determines that none of them come within the 28

Case 3:08-cv-01835-SI

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1 imminent danger exception in § 1915(g). Section 1915(g) precludes him from proceeding as a 2 pauper in the four new civil actions The in forma pauperis applications therefore are DENIED 3 in Case No. C 08-1765 SI, Case No. C 08-1835 SI, Case No. C 08-1836 SI, and Case No. C 4 08­2064 SI. Rosenbalm must pay the full filing fee of $350.00 in each of these actions no later 5 than June 2, 2008. Failure to pay the filing fees by the deadline will result in the dismissal of 6 each case in which the full filing fee has not been paid. 7 Finally, the court notes that several of the civil rights complaints mention, among other

8 things, problems in the criminal case pending against Rosenbalm. To the extent Rosenbalm 9 wants to challenge the fact or duration of his confinement, such claims may be asserted only in 10 a petition for writ of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). (The

United States District Court

11 habeas relief available to Rosenbalm was explained in much greater detail in the April 3, 2008
For the Northern District of California

12 order of dismissal in Rosenbalm's habeas action, Rosenbalm v. Foulk, C 07-4197 SI.) 13 IT IS SO ORDERED. ______________________ SUSAN ILLSTON United States District Judge

14 Dated: May 8, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Case 3:08-cv-01835-SI

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