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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,

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v.
FAITH PEREZ, et al.,

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Defendants.

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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

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Plaintiff Gregory Ell Shehee (“Plaintiff”), a state prisoner proceeding pro se, filed this civil

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rights action pursuant to 42 U.S.C. § 1983, on September 12, 2016. That same day, he also filed a

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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

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bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while

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incarcerated or detained in any facility, brought an action or appeal in a court of the United States that

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was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief

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may be granted, unless the prisoner is under imminent danger of serious physical injury.”1

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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,

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The Court has reviewed Plaintiff’s complaint and his allegations do not satisfy the imminent

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danger exception to section 1915(g). Andrews v. Cervantes, 493 F.3d 1047, 1055-56 (9th Cir. 2007).

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Plaintiff asserts that from sometime in December 2013 until February 8, 2015, Faith Perez, a

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psychiatric technician at Coalinga State Hospital, sexually abused him, and his claims arise out of the

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alleged abuse. He further alleges that he is an ex-patient of that hospital, having left that institution on

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February 9, 2016 (Doc. 1, pp. 3 and 8), and who is currently being held at the Fresno Men’s County

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Jail, (id. at 1). Plaintiff makes no allegations concerning any imminent danger of serious physical

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injury. Therefore, Plaintiff has not satisfied the exception from the three strikes bar under 28 U.S.C. §

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1915(g), and must pay the $400.00 filing fee if he wishes to litigate this claim.

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Accordingly, the Court HEREBY ORDERS as follows:

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1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is DENIED; and,

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2.

This action is DISMISSED without prejudice to re-filing accompanied by the $400.00

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filing fee.

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IT IS SO ORDERED.

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Dated: October 14, 2016

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SENIOR DISTRICT JUDGE

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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).

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