Ashanti v. Obama et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/14 ORDERING that Plaintiffs application to proceed in forma pauperis 5 is DENIED; plaintiff shall pay the filing fee within thirty days of the date of this order; failure to pay the filing fee will result in the dismissal of this action; Plaintiffs motions for substitution of parties (ECF Nos. 4 and 7 ) are DENIED without prejudice. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASKIA ASHANTI,

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No. 2: 14-cv-1644 KJN P

Plaintiff,
v.

ORDER

BARACK OBAMA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned.

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(ECF No. 6.)

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Plaintiff seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a). For the

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following reasons, plaintiff’s application to proceed in forma pauperis is denied and plaintiff is

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ordered to pay the filing fee.

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A prisoner may not proceed in forma pauperis,
If the prisoner has, on 3 or more 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, unless the prisoner is under imminent danger of serious
physical injury.
28 U.S.C. § 1915(g).
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On at least three prior occasions, plaintiff has brought actions while incarcerated that were

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dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted.

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See Order filed May 17, 1999, in Ashanti v. Daniel, No. CIV S-98-2145 WBS JFM P (E.D.Cal.);

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Order filed March 1, 2000, in Ashanti v. Whitfield, No. CIV S-00-0086 DFL JFM P (E.D. Cal.);

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and Order filed June 7, 2000, in Ahanti v. Amer. Tobacco, No. CIV S-00-0706 LKK JFM P (E.D.

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Cal.). The Ninth Circuit affirmed the district court’s judgments in all three of these cases.

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For the following reasons, the undersigned finds that plaintiff does not meet the imminent
danger exception to 28 U.S.C. § 1915(g).

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On July 11, 2014, plaintiff opened this action by filing a pleading that was not on a

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complaint or a habeas corpus form. (ECF No. 1.) The gravamen of this pleading appeared to be

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plaintiff’s claim that he was falsely accused by prison officials of possessing drugs. (Id. at 5.) On

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July 24, 2014, the undersigned issued an order advising plaintiff that in order to commence an

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action, he must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure.

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(ECF No. 3.) The undersigned ordered that plaintiff’s July 11, 2014 pleading was disregarded

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and granted plaintiff thirty days to file a complaint. (Id.)

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In the complaint filed October 1, 2014, plaintiff again alleges that he was falsely accused

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by prison officials of possessing drugs. (ECF No. 13.) Because plaintiff does not allege in either

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his July 11, 2014 pleading or the October 1, 2014 complaint that he is under imminent danger of

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serious physical injury, the undersigned finds that he does not meet the imminent danger

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exception to 28 U.S.C. § 1915(g). Accordingly, plaintiff’s application to proceed in forma

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pauperis is denied. Plaintiff is granted thirty days to pay the filing fee.
Also pending are plaintiff’s motions to substitute parties. (ECF Nos. 4, 7.) These motions

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are denied without prejudice to their reinstatement following plaintiff’s payment of the filing fee.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s application to proceed in forma pauperis (ECF No. 5) is denied; plaintiff

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shall pay the filing fee within thirty days of the date of this order; failure to pay the filing fee will

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result in the dismissal of this action;

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2. Plaintiff’s motions for substitution of parties (ECF Nos. 4 and 7) are denied without

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prejudice.

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Dated: October 15, 2014

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Ash1644.dis

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