Opinion
Case No. 3:14-cv-00388-MMD-WGC
08-01-2014
CHARLES HILL, Plaintiff, v. ISIDRO BACA et al., Defendants.
ORDER
I. DISCUSSION
Plaintiff, who a prisoner in the custody of the Nevada Department of Corrections ("NDOC"), originally filed his 42 U.S.C. § 1983 civil rights complaint in the U.S. District Court for the Eastern District of New York. (Dkt. no. 1, 6.) The U.S. District Court for the Eastern District of New York transferred the case to the U.S. District Court for the Northern District of California. (Dkt. no. 7.) On July 24, 2014, the U.S. District Court for the Northern District of California transferred the case to this Court. (Dkt. no. 21.)
Plaintiff, pro se, has submitted an amended civil rights complaint in addition to several other miscellaneous motions. (Dkt. no. 10, 15, 16, 17, 23, 24, 25, 26.) However, on at least three (3) occasions, the Court has dismissed civil actions commenced by Plaintiff while in detention as frivolous or for failure to state a claim upon which any relief may be granted.
The Court takes judicial notice of the following cases: Hill v. Aranas et al, 3:11-cv-00678-LRH-WGC (dismissed for failure to state a claim); Hill v. Baca et al, 3:13-cv-00291-RCJ-WGC (dismissed for failure to state a claim); and Hill v. Bookout, 3:13-cv-00382-LRH-WGC (dismissed for failure to state a claim).
Pursuant to 28 U.S.C. § 1915(g), "if [a] prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted," he may not proceed in forma pauperis and, instead, must pay the full $400.00 filing fee in advance unless he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).
In his amended complaint, Plaintiff alleges that a sheriff improperly served a subpoena, the law librarian confiscated his legal documents, prison officials never gave him a copy of his grievances, a doctor discontinued one of his prescription medications in 2013, prison officials improperly screened his grievances, and that he is unable to prepare meaningful documents and papers at the Northern Nevada Correctional Center ("NNCC"). (See generally dkt. no. 17.) The Court finds that these allegations fail to plausibly allege that Plaintiff is in imminent danger of serious physical injury. See Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007) (holding that the exception to § 1915(g) applies if the complaint makes a plausible allegation that the prisoner faced imminent danger of serious physical injury at the time of filing). As such, Plaintiff must pre-pay the $400.00 filing fee in full.
II. CONCLUSION
For the foregoing reasons, it is ordered that this action will be dismissed without prejudice unless Plaintiff pays the $400.00 filing fee in full within thirty (30) days of entry of this order.
It is further ordered that the Clerk of the Court shall send Plaintiff two (2) copies of this order. Plaintiff shall make the necessary arrangements to have one (1) copy of this order attached to the check paying the filing fee.
It is further ordered that the Clerk of the Court shall retain the amended complaint (dkt. no. 17).
It is further ordered that a decision on Plaintiff's other motions (dkt. nos. 10, 15, 16, 23, 24, 25, 26) shall be deferred until the matter of the filing fee is resolved.
DATED THIS 1st day of August 2014.
/s/_________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE