Shehee v. Perez et al

Filing 3

ORDER DENYING 2 Plaintiff's Motion for Leave to Proceed In Forma Pauperis and ORDER DISMISSING ACTION Without Prejudice to Refiling With Submission of $400.00 Filing Fee signed by District Judge Anthony W. Ishii on 10/14/2016. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 v. FAITH PEREZ, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01346-AWI-BAM (PC) ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (Doc. 2) ORDER DISMISSING ACTION WITHOUT PREJUDICE TO REFILING WITH SUBMISSION OF $400.00 FILING FEE 17 Plaintiff Gregory Ell Shehee (“Plaintiff”), a state prisoner proceeding pro se, filed this civil 18 19 rights action pursuant to 42 U.S.C. § 1983, on September 12, 2016. That same day, he also filed a 20 motion for leave to proceed in forma pauperis. (Doc. 2.) Plaintiff is subject to 28 U.S.C. § 1915(g), which provides that “[i]n no event shall a prisoner 21 22 bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while 23 incarcerated or detained in any facility, brought an action or appeal in a court of the United States that 24 was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief 25 may be granted, unless the prisoner is under imminent danger of serious physical injury.”1 26 27 28 1 The Court takes judicial notice of the following United States District Court cases: Shehee v. Marie, et al., 2:00-cv-01311-LKK-JFM (E.D. Cal. Jan. 5, 2001) (dismissed for failure to state a claim); Shehee v. Martin et al., 2:01-cv-0163-DFL-PAN (E.D. Cal. Aug. 16, 2001) (dismissed for failure to state a claim); Shehee v. Peugh, 1 1 The Court has reviewed Plaintiff’s complaint and his allegations do not satisfy the imminent 2 danger exception to section 1915(g). Andrews v. Cervantes, 493 F.3d 1047, 1055-56 (9th Cir. 2007). 3 Plaintiff asserts that from sometime in December 2013 until February 8, 2015, Faith Perez, a 4 psychiatric technician at Coalinga State Hospital, sexually abused him, and his claims arise out of the 5 alleged abuse. He further alleges that he is an ex-patient of that hospital, having left that institution on 6 February 9, 2016 (Doc. 1, pp. 3 and 8), and who is currently being held at the Fresno Men’s County 7 Jail, (id. at 1). Plaintiff makes no allegations concerning any imminent danger of serious physical 8 injury. Therefore, Plaintiff has not satisfied the exception from the three strikes bar under 28 U.S.C. § 9 1915(g), and must pay the $400.00 filing fee if he wishes to litigate this claim. 10 Accordingly, the Court HEREBY ORDERS as follows: 11 1. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is DENIED; and, 12 2. This action is DISMISSED without prejudice to re-filing accompanied by the $400.00 13 filing fee. 14 15 IT IS SO ORDERED. 16 Dated: October 14, 2016 17 SENIOR DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 et al., 1:14-cv-0612-LJO-SKO (E.D. Cal. Dec. 17, 2014) (dismissed for failure to state a claim); Shehee v. Beuster, et al., 1:14-cv-00122-LJO-BAM (E.D. Cal. Feb. 27, 2015) (dismissed for failure to state a claim); Shehee v. Flores, et al., 1:14-cv-00589-LJO-GSA (E.D. Cal. Apr. 2, 2015) (dismissed for failure to state a claim); Shehee v. King, 1:14-cv-00590-AWI-GSA (E.D. Cal. Apr. 3, 2015) (dismissed for failure to state a claim); Shehee v. Villalobos, 1:14-cv-00622-LJO-DLB (Apr. 13, 2015) (dismissed for failure to state a claim); and Shehee v. Ahlin, et al., 1:14-cv-0005-LJO-DLB (Mar. 29, 2016) (dismissed for failure to state a claim). 2

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