Pierce v. The US Government and Its Officers as Federal Judges et al

Filing 3

ORDER DENYING 2 Motion to Proceed IFP; ORDER DISMISSING Action Without Prejudice to Refiling With Submission of $400.00 Filing Fee, signed by Chief Judge Lawrence J. O'Neill on 9/19/16. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff Seavon Pierce (“Plaintiff”), a state prisoner proceeding pro se, filed this civil action on

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September 14, 2016. That same day, he also filed a motion for leave to proceed in forma pauperis.
SEAVON PIERCE,

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Plaintiff,

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v.
THE U.S. GOVERNENT AND ITS
OFFICERS AS FEDERAL JUDGES, et al.,
Defendants.

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Case No.: 1:16-cv-01361-LJO-BAM
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

(Doc. 2).

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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 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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The Court takes judicial notice of the following United States District Court cases: Seavon Pierce v. Lancaster
State Prison, 2:13-CV-08126 (C.D. Cal.) (dismissed for frivolousness, failure to state a claim, and as
malicious); Seavon Pierce v. Fernando Gonzales, et al., 1:10-cv-00285-JLT (E.D. Cal.) (dismissed on
December 3, 2012 for failure to state a claim); and Seavon Pierce v. President Barack Obama, et al., 1:15-cv00650-DAD-DLB (E.D. Cal.) (dismissed December 1, 2015, for failure to state a claim).

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Plaintiff seeks to bring a petition as a class on behalf of himself, the media and press, the public and

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affected prisoners. Plaintiff names the United States Government and its federal judges, California

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Attorney General Kamala D. Harris, the California Department of Corrections and the United States

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Congress as defendants. His complaint involves claims against unidentified Riverside court officials,

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accusing them of falsifying public records, concealing facts, fraud and other illegal acts related to

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litigation involving injuries allegedly inflicted on Plaintiff by officers at Lancaster State Prison in

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2013.

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proceedings. Additionally, Plaintiff alleges wrongful acts by the government and its officers related to

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the provision of an adequate law library, illegal confiscation of mail and the denial of fair access to

Plaintiff also alleges misconduct against Los Angeles federal court officers in legal

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federal habeas proceedings.

As relief, Plaintiff seeks, among other things, class certification, a

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declaratory judgment and relief by Congress. Plaintiff makes no allegations concerning any imminent

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danger of serious physical injury. Therefore, Plaintiff has not satisfied the exception from the three

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strikes bar under 28 U.S.C. § 1915(g), and must pay the $400.00 filing fee if he wishes to litigate this

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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.
Dated:

/s/ Lawrence J. O’Neill _____

September 19, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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