Opinion
2:11-cv-01246-KJD-CWH
10-21-2011
ERIC GRIFFIN, #44575-048, Petitioner, v. RUSHINGS, et al. Respondents.
ORDER
This prisoner civil action comes before the Court following upon petitioner's response (#8) to the Court's show cause order (#7), his motion (#9) to change venue, and his purported emergency motion (#10) for medical testing and care.
The show cause order directed petitioner to show cause why the application (#1) to proceed in forma pauperis should not be denied pursuant to 28 U.S.C. § 1915(g) because petitioner is seeking to avoid the three strikes provision of that statute by recasting what in truth is a civil rights complaint instead as a habeas petition, following upon a long history of frivolous filings in this District. See Andrews v. King, 398 F.3d 1113, 1122 n.12 (9th Cir. 2005); Carson v. Johnson, 112 F.3d 818 (5th Cir. 1997). The procedural background is detailed in the prior order. Petitioner's response to the show cause order is frivolous, including his conclusory allegation that his placement in administrative segregation as a federal pretrial detainee will affect the duration of his confinement. The application to proceed in forma pauperis therefore will be denied, the matter will be treated as a civil rights action on the Court's docket, and the matter will be dismissed unless petitioner pays the full $350.00 filing fee applicable to a civil rights action within thirty days of entry of this order.
Petitioner's motion to change venue similarly is frivolous. There is no basis for a change of venue on the ground of bias merely because a court rules against a party and/or conducts initial review of initiating suit papers under the applicable statutes.
Petitioner's purported emergency motion for medical testing and care - to the extent arguendo relevant to the claim in the initiating pleading in the first instance - is conclusory and fails to present specific facts warranting emergency or other relief. As noted above, this filing follows upon a long, long history of frivolous and vexatious filings in this District.
IT THEREFORE IS ORDERED that petitioner's application (#1) to proceed in forma pauperis is DENIED, that the Clerk of Court shall change the nature of suit code on the action to one for a prisoner civil rights action, and that this action shall be dismissed without prejudice unless petitioner pays the full $350.00 filing fee applicable to this civil rights action within thirty (30) days of entry of this order.
IT FURTHER IS ORDERED that the Clerk shall send petitioner two copies of this order. Petitioner shall make the necessary arrangements to have one copy of this order attached to the check paying the filing fee. Failure to timely comply with this order will result in the dismissal of this action without further advance notice.
IT FURTHER IS ORDERED that the motion (#9) for a change of venue and the purported emergency motion (#10) for medical testing and care both are DENIED.
KENT J. DAWSON
United States District Judge