Maldonado-Ramirez v. Obama

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 11/16/2015 ORDERING plaintiff to submit, within 21 days, the appropriate filing fee. Plaintiff's failure to comply will result in a recommendation that this action be dismissed. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISARAEL MALDONADO-RAMIREZ,

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No. 2:15-cv-1632 JAM AC P (TEMP)

Plaintiff,
v.

ORDER

BARACK OBAMA,
Defendant.

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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This

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proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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Plaintiff has submitted a properly-completed application to proceed in forma pauperis.

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(ECF No. 2.) The court will nevertheless deny plaintiff leave to so proceed, as review of court

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records reveals that, on at least five prior occasions, lawsuits filed by plaintiff have been

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dismissed on the grounds that they failed to state a claim upon which relief may be granted:

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1. Maldonado v. Facility 4A Medical, No. 1:12-cv-01330-AWI-SAB (E.D. Cal.).

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On January 15, 2014, findings and recommendations issued, recommending that

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the action be dismissed for failure to obey a court order and for failure to state a

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claim upon which relief may be granted. On April 4, 2014, the findings and

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recommendations were adopted in full.
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2. Maldonado v. Superior Court Kern County, No. 1:12-cv-01467-AWI-JLT (E.D.

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Cal.). On February 20, 2013, findings and recommendations issued,

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recommending that the action be dismissed for failure to state a claim upon which

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relief may be granted. On March 14, 2013, the findings and recommendations

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were adopted in full.

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3. Maldonado v. Shafter-Wasco North Division, No. 1:12-cv-01586-LJO-GBC

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(E.D. Cal.). On November 6, 2012, findings and recommendations issued,

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recommending that the action be dismissed for failure to state a claim upon which

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relief may be granted. On November 27, 2012, the findings and recommendations

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were adopted in full.

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4. Maldonado v. Facility 4A Building 8 Staff, 1:12-cv-01630-DLB (E.D. Cal.).

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On June 24, 2013, an order issued dismissing the action for failure to obey a court

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order and for failure to state a claim upon which relief may be granted.

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5. Maldonado v. Committee Counsel Wasco R/C, No. 1:12-cv-01670-SAB (E.D.

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Cal.). On January 15, 2014, an order issued dismissing the action for failure to

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obey a court order and for failure to state a claim upon which relief may be

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granted.

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Because plaintiff has, “on 3 or more prior occasions, while incarcerated or detained in any

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facility, brought an action or appeal in a court of the United States that was dismissed on the

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grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,”

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plaintiff is precluded from proceeding in forma pauperis in this action unless plaintiff is “under

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imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

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In the operative complaint, plaintiff alleges the existence of a “federal corpus blue print”

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granting plaintiff a “federal release.” (ECF No. 1 at 3.) According to the complaint, President

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Barack Obama, the sole named defendant in this action, keeps the “blue print” at the White House

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and has to date refused to enforce the “federal release.” (Id.) Plaintiff alleges that he has suffered

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consequent mental and emotional anguish, which in turn caused him to kick and shout, eventually

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resulting in his placement in an isolated cell. (Id. at 4.) Plaintiff seeks immediate release and
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damages for the time he has been unlawfully imprisoned. (Id. at 3.)
Plaintiff has not alleged any facts which suggest that he is under imminent danger of

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serious physical injury. Thus, plaintiff must submit the appropriate filing fee in order to proceed

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with this action.

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In accordance with the above, IT IS HEREBY ORDERED that plaintiff shall submit,

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within twenty-one days from the date of this order, the appropriate filing fee. Plaintiff’s failure to

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comply with this order will result in a recommendation that this action be dismissed.

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DATED: November 16, 2015

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