Bontemps v. Baker, et al.

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 07/13/17 ordering this action is dismissed without prejudice to re-filing upon pre-payment of the filing fees. The clerk of the court is directed to close this case. CASE CLOSED. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY C. BONTEMPS,

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Plaintiff,
vs.

ORDER

BAKER, et al.,
Defendants.

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No. 2:16-cv-2814-CMK-P

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28

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U.S.C. § 636(c) and no other party has been served or appeared in the action. The court issued

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an order to show cause on May 15, 2017, requiring plaintiff to show cause why this action should

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not be dismissed.

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The court found it had previously determined plaintiff is barred from proceeding

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in forma pauperis pursuant to 28 U.S.C. § 1985(g), and that it did not appear that plaintiff was

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under imminent danger of serious physical injury when he filed the complaint. Plaintiff has filed

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a response to the order to show cause. In his response, plaintiff argues he is in imminent danger

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of serious physical injury as the correctional officers at California State Prison - Sacramento
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(CSP-Sac) continue to use excessive force against him. He claims this has been an on-going

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problem, and because he continues to be housed at CSP-Sac, he continues to be in danger of

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additional use of force against him. However, as set forth in the order to show cause, the use of

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excessive force he alleged in his complaint consisted of placing handcuffs on him in an

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unreasonable manner, causing pain in his wrists and marks on his skin. Plaintiff states he

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continues to be at risk of additional use of force, but fails to elaborate as to any specific incidents

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or any severe and/or dangerous use of force. The undersigned previously found incorrect

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placement of handcuffs is not severe enough to amount to an Eighth Amendment violation, much

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less to show plaintiff was in imminent danger of serious physical injury. Plaintiff offers nothing

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more serious in his response to the order to show cause and the undersigned finds plaintiff has

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not shown he has met the standard to proceed IFP.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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This action is dismissed without prejudice to re-filing upon pre-payment of

the filing fees; and
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The Clerk of the Court is directed to close this case.

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DATED: July 13, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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