Williams v. Bell et al

Filing 3

ORDER GRANTING Plaintiff's 2 Motion to Proceed IFP and Order Directing Payment of Inmate Filing Fee by California Department of Corrections, signed by Magistrate Judge Stanley A. Boone on 3/30/17. (Attachments: # 1 IFP Motion) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WESLEY WILLIAMS,

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Plaintiff,

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v.

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C. BELL, et al.,

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Defendants.

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Case No.: 1:16-cv-01584-SAB (PC)
ORDER GRANTING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS AND
ORDER DIRECTING PAYMENT OF INMATE
FILING FEE BY CALIFORNIA DEPARTMENT
OF CORRECTIONS
[ECF No. 2]

Plaintiff John Wesley Williams is appearing pro se in this civil rights action pursuant to 42

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U.S.C. § 1983.
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 If a

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plaintiff has three strikes under § 1915(g), he may still proceed in forma pauperis if he can show that

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The court takes judicial notice of the following cases: Williams v. Narramore, No. CV 03-1972 UA-AJW (C.D. Cal. July
25, 2003) (civil rights action dismissed for failure to state a claim upon which relief may be granted); (2) Williams v.
Bonzer, No. CV 04-8941 UA-AJW (C.D. Cal. Nov. 22, 2004) (same); (3) Williams v. Hubbard, et al., No. CV 10-1717
UA-FFM (C.D. Cal. July 6, 2010) (same); (4) Williams v. Young, No. 2:08-cv-1737 FCD-CMK-P (E.D. Cal. July 29,
2010 (same); and (5) Williams v. Harrington, et.al., No. 1:09-cv-01823 GSA-PC (E.D. Cal. May 25, 2012) (same).

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he was in imminent danger at the time of filing his complaint. Andrews v. Cervantes, 493 F.3d 1047,

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1053 (9th Cir. 2007). The “imminent danger” exception “applies if the complaint makes a plausible

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allegation that the prisoner faced imminent physical danger at the time of filing” the complaint. Id. at

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1055. Thus, to meet the imminent danger exception, the threat or prison condition must be real and

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proximate, Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir. 2003), and the danger of serious physical

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injury must exist at the time the complaint is filed. Malik v. McGinnis, 293 F.3d 559, 562-563 (2d

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Cir. 2002); Andrews, 493 F.3d at 1053.
In the instant complaint, Plaintiff alleges that Defendants C. Bell, S. Harris, R. Fischer, and

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Douglas have denied him placement in a proper medical treatment facility/program for his psychiatric

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“cutting” disorder because they do not want Plaintiff providing enhanced outpatient (EOP) reports to

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attorneys for the EOP. Plaintiff’s allegations are sufficient to meet the “imminent danger of serious

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physical injury” exception under § 1915(g), and Plaintiff shall be granted in forma pauperis status.

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See, e.g., Andrews v. Cervantes, 493 F.3d 1047, 1055, 1056-1057 (9th Cir. 2007) (“[A] prisoner who

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alleges that prison officials continue with a practice that has injured him or others similarly situated in

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the past will satisfy the ‘ongoing danger’ standard and meet the imminence prong of the three-strikes

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exception.”). However, Plaintiff is obligated to make monthly payments in the amount of twenty

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percent of the proceeding month’s income credited to Plaintiff’s trust account. The California

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Department of Corrections and Rehabilitation is required to send to the Clerk of the Court payments

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from Plaintiff’s account each time the amount in the account exceeds $10.00, until the statutory filing

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fee is paid in full. 28 U.S.C. § 1915(b)(2).
In accordance with the above and good cause appearing therefore, it is HEREBY ORDERED

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that:

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1.

Plaintiff’s application to proceed in forma pauperis is GRANTED;

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2.

The Director of the California Department of Corrections and Rehabilitation or his

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designee shall collect payments from Plaintiff’s prison trust account in an amount equal

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to twenty percent (20%) of the preceding month’s income credited to the prisoner’s

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trust account and shall forward those payments to the Clerk of the Court each time the

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amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until
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a total of $350.00 has been collected and forwarded to the Clerk of the Court. The

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payments shall be clearly identified by the name and case number assigned to this

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action.
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The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff’s

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in forma pauperis application on the Director of the California Department of

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Corrections and Rehabilitations, via the court’s electronic case filing system

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(CM/ECF).
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The Clerk of Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Fresno Division.

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5.

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Within sixty (60) days of the date of service of this order, Plaintiff shall submit a

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certified copy of his prison trust account statement for the six-month period

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immediately preceding the filing of the complaint, if Plaintiff has not already done so.

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IT IS SO ORDERED.

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Dated:

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March 30, 2017
UNITED STATES MAGISTRATE JUDGE

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