Hendon v. Stainer, et al.

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 5/25/2017 ORDERING plaintiff to submit, within 21 days from the date of this order, the appropriate filing fee. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS HENDON,

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No. 2:17-cv-1033 KJN P

Plaintiff,

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v.

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STAINER, et al.,

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ORDER

Defendants.

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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. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C.

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§ 636(b)(1).
Plaintiff seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Court

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records indicate that plaintiff has been deemed a “Three Strikes” inmate under 28 U.S.C.

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§ 1915(g). See Hendon v. Kulka, No. 2:14-cv-2581 AC P (order identifying plaintiff as three-

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strikes litigant on August 3, 2015).1 The court takes judicial notice of the three cases identified

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therein as § 1915(g) strikes, all of which were dismissed for failure to state a claim. All were

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dismissed long before the filing of the instant action and constitute strikes under § 1915(g).

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See also Hendon v. Baroya, No. 1:09-cv-0911 MJS P (E.D. Cal.) (order denying leave to
proceed in forma pauperis filed on July 29, 2010); Hendon v. Kulka, No. 2:14-cv-1171 KJN P
(E.D. Cal.) (order denying leave to proceed in forma pauperis on June 9, 2014).
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Accordingly, plaintiff is precluded from proceeding in forma pauperis in this action unless

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plaintiff is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). In his

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complaint, plaintiff challenges the regulations, policies, and procedures that allow prison medical

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staff to forcibly medicate plaintiff. Plaintiff claims doctors force plaintiff to consume

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medications without providing him with notice and a pre-medication hearing, and that under these

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procedures, doctors decide that medication is medically necessary and start the medication, with

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the hearing scheduled to be held within ten days. Plaintiff claims he is subject to imminent

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danger because prison doctors continue to force him to consume medications, “based on an

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invalid initial order authorizing involuntary medication,” which causes him to suffer various side

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effects, and places him at risk of future injury. (ECF No. 1 at 4.)
Plaintiff’s allegations fail to demonstrate that he is under imminent danger of serious

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physical injury. Plaintiff concedes he is provided a hearing concerning the medication, albeit

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after a ten day delay, and that there was a court order authorizing the medication, although he

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contends such order is “invalid.” Therefore, plaintiff is able to challenge the involuntary

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medication order at the hearing as well as in the court proceeding in which the order authorizing

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the involuntary medication was issued. Plaintiff’s allegations do not show that plaintiff was in

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imminent danger of serious physical injury when he commenced this action. Thus, plaintiff must

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submit the appropriate filing fee in order to proceed 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: May 25, 2017

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/hend1033.1915g

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